US Govt. Denies Responsibility for Megaupload’s Servers

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The U.S. Government says it's in no way responsible for the fate of Megaupload's servers, which were raided and seized as part of the criminal proceedings against the file-sharing site. The authorities reject the proposal that they should buy the servers to preserve user data and other evidence.

megaupload-logoIn a few months’ time it will be four years since Megaupload’s servers were raided by U.S. authorities. Since then, virtually no progress has been made in the criminal case.

Kim Dotcom and his Megaupload colleagues are still awaiting their extradition hearing in New Zealand and have yet to formally appear in a U.S. court.

Meanwhile, more than 1,000 Megaupload servers from Carpathia Hosting remain in storage in Virginia, some of which contain crucial evidence as well as valuable files from users. The question is, for how long.

Last month QTS, the company that now owns the servers after acquiring Carpathia, asked the court if it can get rid of the data which is costing them thousands of dollars per month in storage fees.

This prompted a response from a former user who wants to preserve his data, as well as Megaupload, who don’t want any of the evidence to be destroyed.

Megaupload’s legal team suggested that the U.S. Government should buy the servers and take care of the hosting costs. However, in a new filing (pdf) just submitted to the District Court the authorities deny all responsibility.

United States Attorney Dana Boente explains that the Government has already backed up the data they need and no longer have a claim on the servers.

“…the government has already completed its acquisition of data from the Carpathia Servers authorized by the warrant, which the defendants will be entitled to during discovery,” Boente writes.

“As such, there is no basis for the Court to order the government to assume possession of the Carpathia Servers or reimburse Carpathia for ‘allocated costs’ related to their continued maintenance.”

The Government says it handed over its claim on the servers early 2012 after the search warrant was executed and the hosting company was informed at the time. This means that the U.S. can and will not determine the fate of the stored servers.

The authorities say they are willing to allow Megaupload and the other defendants to look through the data that was copied, but only after they are arraigned.

In any case, the U.S. denies any responsibility for the Megaupload servers and asks the court to keep it this way.

“…the United States continues to request that the Court deny any effort to impose unprecedented financial or supervisory obligations on the United States related to the Carpathia Servers,” the U.S. Attorney concludes.

Previously the U.S. and MPAA blocked Megaupload’s plans to buy the servers, which is one of the main reasons that there is still no solution after all those years.

The MPAA also renewed its previous position last week (pdf). The Hollywood group says doesn’t mind if users are reunited with their files as long as Megaupload doesn’t get hold of them.

“The MPAA members’ principal concern is assuring that adequate steps are taken [to] prevent the MPAA members’ content on the Mega Servers in Carpathia’s possession from falling back into the hands of Megaupload or otherwise entering the stream of commerce,” they write.

The above means that none of the parties is willing to move forward. The servers are still trapped in between the various parties and it appears that only District Court Judge Liam O’Grady can change this.

It appears to be a choice between saving the 25 Petabytes of data or wiping all servers clean.

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