> When the FBI applied to seize the Megaupload site in 2012, it said the company had failed to delete pirated content and cited the earlier search warrant against the continued existence of 36 of the same 39 files.
1. It's been 3 years, I'm sure the warrant in reference did not impel MU to keep those files after the case against NinjaVideo was done and over with. This probably goes all the way back to "how" MU stored files... 1 copy for 1000s of uploads (as long as the hash/finger-print matches). And each of those videos was uploaded over and over, and MU kept them around / did not block transfers. And are now trying to make it seem like they had no choice but to keep sharing those videos FOREVER, letting everyone and anyone upload them, and letting everyone and anyone download them. I'm sure MU/KimDotCom has the original order to preserve the evidence in the NinjaVideo case, why not share it with us and let the media see the details of what was asked of them?
2. Are those the ONLY files referenced in the indictment against MU? Probably not... All the FBI has to do is prove at least one of the files listed in the warrant is valid and was brought in good faith, and then show the judge/jury the other 97% of MU traffic revolved around sharing pirated content.
That article and KimDotCom's story seems to leave a lot out.
> All the FBI has to do is prove at least one of the files listed in the warrant is valid and was brought in good faith...
Maybe, maybe not. If this is allowed to stand, it encourages a strategy of "throw everything against the wall and see what sticks." I'm pretty sure there have been cases where a warrant was thrown out because of bad-faith information, even if some of the reasons for the warrant were good.
This is certainly, at the least, a nice PR moment for Mega.
"Throw everything against the wall and see what sticks," has been Standard Operating Procedure for the FBI since its inception. Hence, Al Capone being prosecuted for income tax evasion.
I'm curious about all of this too. I submitted the article because I want to see what others think about the new information. The 1 copy for 1000s of uploads may have some interesting implications.
But there is no such thing as "infringing files", only persons can infringe the law. And you cannot know who has rights over a file and who doesn't. One file link gets reported, you check it, its uploader is clearly infringing the copyright, so you remove the link. But if you remove the file, you might be doing so even for the copyrights holder(s) and everyone with a license.
1) According to previous news of this, the FBI did not explicitly tell MU to preserve the files, they simply told MU not to interfere. After the NinjaVideo case was closed, MU emailed the FBI about what to do with the evidence, but received no reply.
1. It's been 3 years, I'm sure the warrant in reference did not impel MU to keep those files after the case against NinjaVideo was done and over with. This probably goes all the way back to "how" MU stored files... 1 copy for 1000s of uploads (as long as the hash/finger-print matches). And each of those videos was uploaded over and over, and MU kept them around / did not block transfers. And are now trying to make it seem like they had no choice but to keep sharing those videos FOREVER, letting everyone and anyone upload them, and letting everyone and anyone download them. I'm sure MU/KimDotCom has the original order to preserve the evidence in the NinjaVideo case, why not share it with us and let the media see the details of what was asked of them?
2. Are those the ONLY files referenced in the indictment against MU? Probably not... All the FBI has to do is prove at least one of the files listed in the warrant is valid and was brought in good faith, and then show the judge/jury the other 97% of MU traffic revolved around sharing pirated content.
That article and KimDotCom's story seems to leave a lot out.