Little chance of recovering Megaupload data

TOM PULLAR-STRECKER
Last updated 14:13 31/01/2012
Vikram Kumar
UP IN THE AIR: InternetNZ chief executive Vikram Kumar.

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Megaupload customers have little chance of ever recovering access to personal files they uploaded to the cloud-based storage service despite an agreement by its hosting partners not to delete the data for the time being.

Tens of millions of people around the world have uploaded files to Megaupload, which include personal photos, home videos and software programmes as well as pirated material. As people often upload files to online storage sites to save space on their personal computers, much of the material is unlikely to be backed up.

Megaupload's bank accounts have been frozen since the arrest of founder Kim Dotcom on copyright and other related charges last month, meaning specialist hosting companies that house files for Megaupload cannot be paid. US prosecutors warned earlier  this week that storage companies Carpathia and Cogent Communications could begin deleting data hosted in Virginia on Thursday.

The two companies today agreed to preserve the data for at least two weeks, according to Megaupload lawyer Ira Rothken.  

But InternetNZ chief executive Vikram Kumar said Megaupload would probably need to be revived as a going concern for there to be much chance of innocent internet users recovering access to their files.

That was because it would be too hard for the third-party hosting companies to work out which users should be entitled to access what files.

It is not clear if US courts could do anything to safeguard data hosted on behalf of Megaupload in Holland and elsewhere outside the US from deletion, even though that too might be evidence in any prosecution.

The Pirate Party in Spain is leading an international effort to launch a class action lawsuit against the FBI on behalf of computer users who have lost access to files as a result of Megaupload's closure. Extradition papers are expected to be filed against Dotcom and three associates on February 22.

Kumar said US authorities had achieved most of their goals already, having shut down Megaupload and "sent a message" that has persuaded other online storage services to tighten up their anti-piracy policies. He forecast prosecutors would be keen to enter into a plea bargain if they felt there was any risk of losing their case, as the cost of failure would now be "so high".

Technology website Cnet reported that since the closure of Megaupload, "millions" more internet users had turned to alternative online storage sites, such as Filefactory, Depositfiles, Hotfile and 4Shared, suggesting Megaupload users were "simply migrating to similar sites". It said 4Shared was twice the size of Megaupload.

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RapidShare, another online storage site, has conceded about 5 per cent of files stored by users on its computers may be pirated, but attempted to distance itself from Megaupload saying "conduct" was the key and it had stringent measures to discourage piracy.

- © Fairfax NZ News

68 comments
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steadyRon   #68   01:38 am Feb 05 2012

Well, I've read most of the comments and agree with some, most so far tend to justify... well, their illegal downloads I guess?

Come on, Megaupload knew the game and got caught.

Having said that, Apple, Microsoft, the mega film studios, Sony and the rest of them are also playing the game... the only difference is their greed is legal (and laws are re-written to protect them) - was The Hobbit granted to NZ if the Government passed the internet piracy bill... hmmm?

Go figure!

Kim Dotenzed   #67   05:41 pm Feb 01 2012

@ Bry Bry #63

You have hit the nail on the head. Absolutely correct - the FBI has effectively destroyed legitimate data owned by parties entirely unrelated to the alleged criminality.

They should be responsible for all the costs associated with that - or they should unfreeze adequate funds to continue the data storage.

It is embarrassing that we are so keen to be the Feeb's lickspittles whilst they in turn are lickspittles to the US movie and music industry.

Jon   #66   04:51 pm Feb 01 2012

@ Stuart : #42 : 08:58 am Feb 01 2012 : "Does anyone honestly believe that megaupload was used significantly for anything other than pirating?"

Let's pretend, just for a moment, that you know what you're talking about.

That STILL leaves us in the position where legitimate users are being punished for something they didn't do.

And you're ok with this?

Cloud8   #65   04:28 pm Feb 01 2012

I realise that not everyone who used Megaupload used it for illegal uploads/downloads, and I can understand people wanting to store stuff elsewhere to clear their hard drive - an offsite backup is good practice, and its useful to be able to access your stuff from any computer - but for safety's sake, store it to two or more different sites!!

Even if a site is 200% legal and legitimate, stuff can happen - they could go bankrupt, be attacked by hackers or a virus, their physical site could be victim of a disaster, anything like that. There are plenty of upload/storage sites around, use a few.

Having said that, I understand that Megaupload regularly purged out stuff that wasn't being downloaded or viewed regularly, so your stuff was never safe in the first place. Really dumb choice for your only copy of anything!

Bob Hart   #64   04:20 pm Feb 01 2012

i hope they AT LEAST give us 24 hours access...i'm mad cause i had alot of stuff of on MU that i didn't keep a 2nd backup off (-)smacks head into wall(-) p.s. if anyone is looking for a similar free host: http://www.peeje.com/upload imo it's better than megaupload since peeje gives u DIRECT-download links

brybry   #63   03:47 pm Feb 01 2012

Wait! Wait! The guy hasn't been found guilty of anything yet. (except maybe mega-bad-taste which is only an offence in the publics eyes) Does it not trouble you that the FBI can effectively shut down a company, freeze its assets and delete data (which would constitute destroying evidence, surely) before Mr Dotcom has even had a fair trial? What a crock.

fred   #62   03:01 pm Feb 01 2012

Doesn't do much for confidence in the all new whoop-de-doo "cloud computing" concept.

Light Fingers   #61   02:19 pm Feb 01 2012

@ Fred #41 -"It basically comes down to a choice. Do we want a free internet, or do we want to enable US record companies to make billions of dollars?"

Ah Fred, the internet is still "free" - it's the bit about copying and distributing of copyright material owned by other people that is the problem.

It used to be referred to as theft but these days seems to be considered a right.

SE7EN   #60   01:40 pm Feb 01 2012

@T #55. Ahahaha. I've been using computers since before you were born boy. That I can guarantee you. The fact that you think MU was a legitimate site that didn't promote piracey shows how little YOU know. They knew what they were doing. TOS??? ahahah. Ever read one mate? Neither does anyone else. Their site accouted for 4% of all internet traffic at one point. Still think it will have no effect. Charges won't stick ay??? Watch it "fly" buddy, watch it "fly"

Dan B   #59   01:17 pm Feb 01 2012

Stuart #42 do you, or the FBI actually have any evidence that megaupload did not remove pirated material when it was identified? I certainly saw that they were quite active in doing so


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