MegaUpload Users Planning to Sue FBI Over Lost Data
MegaUpload Users Planning to Sue FBI Over Lost Data
Posted 01/26/2012 at 2:58pm
| by Ryan Whitwam
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All the fire and brimstone rhetoric following the MegaUpload shutdown makes it seem like there was no legitimate use for the site. Despite that image, thousands of users were using MegaUpload to store and share their own files, which have now been lost. In response, Pirate Parties in several countries are putting together a list of affected users in preparation for a lawsuit against the FBI.
When MegaUpload vanished, users lost access to their peronal files without any chance to retrieve them. “The widespread damage caused by the sudden closure of Megaupload is unjustified and completely disproportionate to the aim intended,” the Pirates of Catalonia said in a statement. Along with Pirate Parties International, potential breaches of US law are being explored for use in the case.
Of course, MegaUpload was a shady business by all accounts, and users should not have left anything irreplaceable on its servers. This does bring up the question of what a company’s responsibility is when you store your files. If they lose it, should you be compensated?
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bling581
January 30, 2012 at 10:06am
I agree that you shouldn't be storing anything on the cloud that you cannot stand to lose knowing what can potentially happen. However there are many people that don't really understand the risks and depend on companies to keep their data secure. There's a level of trust between any customer and the company they are entrusting their business with. If the company fails for whatever reason and screws up the customer should be compensated.
Why would they be suing the FBI instead of MegaUpload? I don't know. I would look to MegaUpload first because it was their actions that got the site closed down. Let them sue the FBI if they think they were wronged.
Vordar
January 27, 2012 at 6:27am
The only thing clear from all this is that as long as any user can upload anything that could be considered as Copyright Infringement, even a picture without a blurred out brand in it, then a full Cloud Computing environment is only a dream.
MadHattr1959
January 27, 2012 at 4:04am
Cloud storage and the potential for legal and illegal uses is an evolving tech/legal arena. I would actually think they should be sueing the service for allowing the illegal asspects to pose a threat to their legal services. They are the ones who created the potential for shut-down of their services, after all.
Law-enforcement should probably look into seizing CONTROL of the servers, rather than shut-down. Possibly, re-starting the servers for a specific interval to allow lawful users to access their data to back-up/copy .
Eagle70ss
January 27, 2012 at 2:29am
This topic has surely sparked a spirited debate if nothing else.
1st rule: Hitchhikers Guide to Cloud Storage...
Don't ever trust something irreplaceable to cloud storage. Especially somewhere that draws so much attention from our overlords.2nd rule: Always, always keep a copy somewhere that you control. Any number of things can happen to off-site storage.
3rd rule: Don't ever expect any International body to come to your aid. That will be one long wait. The UN is more corrupt than just about any single gov't out there. They won't stop the US in this anymore than they will stop China's great firewall/One child policy or an Islamic state's policies on women's rights/honor killings. Governments tend to have their own inertia on stuff like this.
GreenTurtle
January 28, 2012 at 7:55pm
2nd rule, there in lies the problem. Can't create a back up because that breaks the rules. The only back up we can keep is wrapped up nice and neat on a store shelf LOL
Holly Golightly
January 26, 2012 at 9:30pm
Oh, this is a losing battle. USA government can do whatever it feels like and there is nothing the UN can do about it. That is why USA fights in many unconstitutional wars it just feels like and can shut down any nuclear program from any country it does not like. So of course the USA government will shut down Mega Upload and pay nobody for anything. They will use the servers for themselves so they can store more valuable data against what they view as the enemy. I do feel sad for these guys... But now the Pirate Party will get shut down just because USA can do that. "We're number one." Right? RIGHT???
yu119995
January 27, 2012 at 1:37pm
How about
- Vietnam
- Iraq 1 and 2for starters.
EDIT: Crap...missed the sarcasm. Sorry.
Carlidan
January 27, 2012 at 5:51pm
Well technically they are not unconstitutional. Zoolander is correct in the assumption. It wasn't a favorable war though. President and Congress has wiggle room in Powers of War when they use it.
kamikaji
January 27, 2012 at 12:21am
And you, my good sir, are not critical enough. Stop instantly swallowing everything, and start questioning things.
Holly Golightly
January 26, 2012 at 11:10pm
Of course... America never did anything wrong. You keep thinking that while you are losing your very internet freedom.
Bullwinkle J Moose
January 26, 2012 at 8:43pm
That's Too Funny
People Uploading "Legal" files to an "Illegal" file sharing service, then suing the FBI when the "Illegal" service is shut down "Legally"
"Megaupload's T.O.S. claim that users who stored data on the site did so at their own risk is nothing but a "Cover your A$$" clause
The terms of service clause would be Null and Void if the "Service" itself is Illegal!
If you are unwilling to sue MegaUpload, then go choke on a Lemon!
YOU are responsible for Losing "Your" data!
Try suing yourself
yu119995
January 27, 2012 at 1:40pm
Dear forefathers who drafted the Constitution,
Go fuck yourself.
Sincerely,
Bullwinkle Douchenozzle
Bullwinkle J Moose
January 27, 2012 at 5:51pm
Dear "Legal" users and "Legit" Recording Artists,
Welcome to MegaUpload!You can trust us! We're from the Internet!
and you KNOW that we are Truly "Legit" cuz it says so on my License plate!So ignore all those illegal uploads and forget about researching the company you are about to do business with! Just remember, when you do business with us, you can always sue somebody else when our illegal (scratch illegal) business model goes down for the count
So, if you hear WILD RUMORS that we knew of illegal uploads and downloads by the millions and millions at our site, just remember....
You can Trust us, and 9 out of 10 Legit recording Artists agree,
If you can't Sing, you can always RAP!Ha ha, just kidding...........or AM I?
Our MEGA-Garanteeee 2 YOU>
Part-A
If you ever have a problem........sue somebody else!Part-B
Cuz we diddn't do it, Nobody saw us do it,
You can't prove anything!Trust Us!
We know the Law better than ANYBODY!Especially some Big Dumb Moose!
Scatter
January 27, 2012 at 3:08pm
This post looks like it was supposed to mean something.
It didn't.
Tenhawk
January 27, 2012 at 4:21am
The problem in your logic, if you can call it that, is that the service itself ISN'T illegal. It is quite legal for a company to lease storage space to users, and until legal precedent is set (which this case is looking to do) the company itself is NOT responsible for the content uploaded by the users in question.
We already know that a lot of high profile artists have been using megaupload for legal reasons, this was big news just a few weeks/months ago. It also stands to reason that anyone who was using it as part of their business incurred losses due to the sudden stoppage of the service.
I doubt that the FBI could be held responsible for the loss of files, it's just basic business sense to maintain copies offline, but the loss of revenue resulting from the temporary downtime could actually be significant. If the FBI and Federal government(s) are found to have acted illegally in procedure they could be held accountable even if the court case against mega-upload results in a guilty verdict.
That is to say, just because the company was doing something illegal doesn't give the government the right to harm the legal interests of the company's clients.
From what I've read, the crux of the government's case isn't that Megaupload was hosting files illegally uploaded by users... it was that they were knowingly complicit in this action. Normally, this wouldn't be easy to prove, but it sounds like they have some hard evidence to this fact. In that case I hope that the courts make it clear that any convictions are for the illegal actions of the company and it's representatives, and NOT for the illegal actions of the companies client base. If the court establishes the wrong precedent here, kiss Google and Bing as we know them goodbye.
Bullwinkle J Moose
January 27, 2012 at 1:19pm
You are INCORRECT Sir
Do a Google search for > Photoshop megaupload
You will find Youtube videos on how to get Photoshop Free from Megaupload
You will also find Photoshop CS3 @ MegaUpload = 919 files
CS4 at MegaUpload = 824 filesPhotoshop total files @ Megaupload = 3011 files
Did you ever stop to think that whenever you searched for a a retail copy of ANYTHING, that maybe all those "Free" links at MegaCrimewave were just a tad .... oh I don't know.....whats the word....ILLEGAL?
If you are THAT stupid, you should stay off the Internet because you are a danger to yourself AND OTHERS with your nonsense
EVERYBODY KNEW IT WAS ILLEGAL to provide the service they provided unless they would like to use an Insanity defense
Tenhawk
January 27, 2012 at 2:47pm
No, I'm not incorrect, you're an imbecile. Really, it's an easy mistake to make on your part, you know due to the whole 'imbecile' thing, so don't worry about it.
It doesn't matter how many illegal files are on megaupload, that's not the point I was making. Regardless of the existence of those files there WERE many legal users of the service.
This is not an opinion, this is fact. Among those users are, in fact, several high profile celebrities in the music and movie industries. Again, this is not opinion. it is FACT.
They used the service as part of their business plan and it's loss will have had, and probably is still having, an affect on their income. Thus the Federal Government has quite possibly illegally impacted the income of many legal businesses, including some belonging to high profile recording artists.
To put this as simply as I can, since you obviously need the help... If I own a warehouse that's subdivided for storage, and I rent all that space out and SOME of it is used by drug dealers... does the Federal Government have the right to arrest ME and impound everything within my warehouse, despite the fact that some of it is legally leased by law abiding people?
No. They don't. They have the right to get a warrant for my records pertaining to the people they suspect, they have the right to obtain another warrant for access to those sections they believe holds contraband. When presented with these warrants I must turn over my records and the keys to the sections SPECIFIED by the warrants. I am NOT obligated to hand them one single thing more and there is nothing they can do about it.
Now, in this case with Megaupload, the Feds have managed to convince the Judge that I, as the owner of the space, not only KNEW about the drugs but that I was actually taking money to help them setup and distribute their product... and THIS is where things get difficult.
Specifically, now, the legal issue becomes... to what extent do the warrants allow the police to act when looking at the warehouse as a whole? Do they have the right to impound everything, including legally run businesses that just happen to be NEXT to drug dealers?
It's not even about the owner of the storage space anymore. I/He is up on charges and those will be determined in a court of law. The illegal businesses are also not an issue, they've been shut down and the law will decide how to proceed with the evidence they've gathered.
But the LEGAL areas have now been punished simply for being in the same general vicinity as the illegal activities... and THAT is a BIG deal. We do NOT allow the police the right to arrest everyone on a block they find a crack house in, hell sometimes they can't even touch everyone in the HOUSE itself.
This is like the cops raiding an entire apartment complex, and arresting everybody, because SOME of the apartments housed drug dealers. It's a SCARY thing to see happen.
godsdog
January 27, 2012 at 1:29pm
Bullwinkle, Your village just called. They’re missing an idiot...
whathuhitwasntme
January 26, 2012 at 6:20pm
You know it still baffles me that an up load site is held responsible for the content uploaded by users.
Now correct me if I am off target, but wouldn't this be similar to charging the United States Post Office if anything illegal was mailed? In my mind its the same thing.
The fact that we have a virtual digital divide in our laws an the course of realistic uses of new media is the deciding factor.To modern American's digital email and storage or documents are "normal", our laws however were crafted to protect outdated standards that should have been abandoned with the quill pens that drafted the original constitution. They strive to restrict what should be your valid and fair use of media you OWN, or have a "license" to have the use of(but that is another debate in itself) regardless, if I have a digital MP3 I purchased from say iTunes, and then upload it to megauploads to store for my LEGAL use, have I violated the law? Or has the law failed to evolve with the technology we use every day?
Now, the FBI at the urging of the MPAA and similar such misguided greedy sorts, want you to pay and pay again for every use that should be covered under the original purchase of this mp3. I don't understand why this is just accepted as how it is, when its out rite theft on the part of the company who tried to get paid twice or more for delivery of the product ONCE.Now please tell me why I should feel bad for the "poor" music/movie industry that for yet another CONSECUTIVE year posted BILLIONS IN PROFITS AGAIN, despite the global economic downturn and loss of millions of American jobs,homes,lives.... they still profited this year. No, I won't do it. I have no pity for poor billionaires, sorry no new jet this year, use last years model.
godsdog
January 27, 2012 at 1:33pm
Right on.
About the megaupload, I've read the charges and they were not giving a shit to some take down request and they uploaded some stuff. I just don't know how authorities knew this before getting their hands on the servers and theirs email servers...
Mortal_M
January 26, 2012 at 10:45pm
Did you read my mind or something? :P
I completely agree with you.
angryrocker4
January 26, 2012 at 4:02pm
I think the way you insert your opinion based on ignorance into news articles is SHADY. This should've been marked with "Opinion:" just because of that last stupid paragraph. These types of sites are used for all kinds of legitimate temporary file hosting and sharing, because they're quicker and easier to use than other methods. Just because you don't use them properly doesn't mean others don't, and that they are not entitled to compensation based on losses due to illegal seizures.
Web sites and computers today, your wife and children tomorrow. Don't cry when it happens, your apathy is allowing it.
austin43
January 26, 2012 at 4:19pm
Anyone who knows anything about volatility of the cloud knows to simply keep an 'extra' backup on the cloud, not something totally irreplaceable. It's not ignorance, it's just the fact that when you put your data in the hands of others, it comes with some risk. He's not denying that they're used for legitimate purposes, but rather posing the question of who should be held responsible. Calm yourself and try to better read into things before you go off the rails.
illusionslayer
January 26, 2012 at 3:48pm
So the judge basically gets to decide whether or not it is legal fro the FBI to seize and destroy perfectly legal files from the general populous.
I'm excited.
Insula Gilliganis
January 26, 2012 at 3:51pm
According to PCWorld (http://www.pcworld.com/article/248802/megaupload_users_look_into_suing_us_over_lost_files.html) "Megaupload's terms of service stated that users who stored data on the site did so at their own risk, so users may have a tough time arguing that the U.S. government is liable for lost data."
I know there were plenty of legal files on Megaupload as well as many legit businesses who used the service but just to rely on Megaupload for your only copy of something and to not make a local backup is fairly stupid. It really is true that unless you have 3 copies of something on 3 different devices located at 3 different places then you really haven't backed up sufficiently. I am sure no one thought the Government would go nuclear on the site but is always a good idea to make multiple backups of files you want to save.
Biceps
January 26, 2012 at 3:12pm
Ryan, I take issue with the way you worded your question at the end of your article. A company's responsibilities (namely, their commitments to their customers) are listed in the ToS. That should answer your question.
MegaUpload is not the one that shut down these users' access to their legitimate data. The FBI is. Hence the court case. So I believe a better question to ask would be: what is the gov't's responsibility to users when they shut down a site for infringement and cause damage to innocent property owners who were using said site for legitimate purposes?
Ryan Whitwam
January 26, 2012 at 7:51pm
I didn't ask if they have to (legally or however else). I asked if they should compensate you.
Biceps
January 27, 2012 at 1:43pm
The reason I took issue with the question was because it conflicted directly with the headline for your article. While it was probably an honest question, what you wrote comes off as deceptive - I'm not the only one to have commented on that here, just look up.
The fact that MegaUploads is toast and that all of their assets have been seized makes the compensation question an exercise in fantasy - there are no resources from which MegaUpload could compensate their users - at least not without some level of gov't intervention to free up the funds. It's like asking if a dead person should get on with finishing their court-imposed community service.
That said, if people should be compensated, I think the compensation should come from the FBI - if those funds ultimately are drawn from the seized MegaUpload funds, that might be justice.
eikichi
January 26, 2012 at 3:39pm
Very good point. Also, since the FBI is a tool of the Federal government then by suing them they are indirectly suing US tax payers. Since the FBI was acting on the interests of intellectual property rights owners then shouldn't they be the ones held accountable?
Travatron
January 26, 2012 at 3:34pm
Not that I expect it will turn out this way, but I would imagine their responsibility would be similar to if they were raiding a house and caused collateral damage to neighboring houses.
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