The Electronic Frontier Foundation (EFF) filed a brief on Friday asking
a federal court to figure out a way to return data to Mega upload users cut off
from their files in January. Legitimate
third parties who held the copyright for their data have not been able to
access their files since Jan. 19, according to the EFF. The file-sharing site
was shut down due to copyright infringement allegations by the U.S. Department
of Justice. Carpathia Hosting, which hosted much of Mega upload's data, has
since asked a federal court to either allow it to start deleting data or make
other interested parties pay for its hosting, which it said costs US$9,000 a
day. The EFF's brief was filed in U.S. District Court for
the Eastern District of Virginia on behalf of Kyle Goodwin, an Ohio-based
sports reporter who used Mega upload legitimately for storing videos. "It
is one thing to take legal action against an alleged copyright infringer,"
according to the brief. "It is quite another to do so at the expense of
entirely innocent third parties, with no attempt to prevent or even mitigate
the collateral damage." Goodwin runs a business reporting on local
sporting events and used Mega upload as a remote backup, the EFF wrote. His
hard drive crashed, but he was unable to retrieve his data after Mega upload
was shuttered. Carpathia has so fair maintained Mega upload's 28 petabytes of
data but said it can't access it. Mega upload wants the data retained, but its
funds have been frozen since the site was shutdown. The U.S. government said it
copied the data it needs for the case. The Motion Picture Association of
America (MPAA) has said it wants the data preserved since the organization may
have civil claims against Mega upload and users who may have infringed
copyrights using the site. Seven people and two companies are charged with
copyright infringement and money laundering in connection with Mega upload,
which federal prosecutors allege caused more than $500 billion in damages to
copyright holders. Mega upload's founder, Kim Dotcom, remains free on bail in
New Zealand, although the U.S. plans to try to extradite him to face trial.
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