Thursday, November 1, 2012

Hollywood war against Megaupload customers


A federal judge is considering how legitimate users of the Megaupload online storage site may be allowed access to files hosted on seized servers, but Hollywood is still adamant about doing everything possible to prevent that from happening.

"The government engaged in a overbroad seizure, denying Mr. Goodwin access to his data, along with likely millions of others who have never been accused of wrongdoing," EFF staff attorney Julie Samuels says in a statement this week. "Access to the government's warrant application and related materials can help us learn how this could have happened and provide assistance in our efforts to get Mr. Goodwin his property back."

A judge is now being tasked with deciding if those court files can be opened to assess the situation fully, but the Hollywood bigwigs who were opposed to the site say that might not be the best idea.

"Because Mr. Goodwin has yet to demonstrate whether he has an interest in any property seized by the government, any preliminary evidentiary hearing in this matter should be limited to the question of whether Mr. Goodwin has an interest in any property which he can show was seized by the government," a brief filed by US attorneys reads. "Because that question alone is likely dispositive of the motion, and because that question can be decided based on sworn affidavits and documents, such an approach will conserve judicial resources and avoid a fishing expedition into a pending criminal prosecution."

Now Goodwin is being told to prove his personal property was lost because the government ordered a seizure on Megaupload’s servers, to which the EFF calls a “callous disregard for third-party property rights” on behalf of the feds.

“The government knew Megaupload operated a data storage business, and thus held the property of third parties lawfully using Megaupload’s storage services. The government knew its search and seizure of Megaupload’s assets would deprive such third parties of the ability to access and retrieve their property,” his attorneys tell the court.

On their part, Megaupload is asking the court to be included in these hearings as they believe they offer a crucial side to the story that could benefit people like Mr. Goodwin. The site’s founder, however, remains under close and careful monitoring pending the case. The US will decide next year if they can extradite Dotcom, a German national, to America, but his attorneys have all but insisted that such a maneuver is now impossible, especially after New Zealand authorities have called his arrest and the subsequent raid of his Coatesville, NZ mansion unlawful.

Read More: http://rt.com/usa/news/megaupload-goodwin-access-government-766/


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