The shutdown of MegaUpload has really stirred up a lot of controversy, and for all practical purposes it looks like the FBI and the United States government is using the shutdown of MegaUpload as a training course on how not to shut down websites that have copyrighted material on them while preserving the legal content of the other customers.
Just taking a second to remind everyone that their are customers of MegaUpload that were legitimately using the service when the FBI came in and shut down the website.
Now it seems the hosting [Capathia and Cogent] companies for MegaUpload is teaming up with the Electronic Frontier Foundation [EFF] to try to help those legitimate customers get their data back; something the FBI has no interest in doing. The takedown and prosecution of the owner operators of MegaUpload was their only concern. The hosting service and EFF are planning to get together to identify the files that are being hosted on MegaUpload legally— hopefully getting those files back the respective customers.
From the information that’s being reported, the EFF is trying to work with US government to get the files back online temporarily, just long enough for the customers get their data back. The hosting services for MegaUpload had agreed to preserve the customer data for additional two weeks. This is possible because the FBI did not physically seize the servers. The removal of the data is supposed to start tomorrow, February 2, 2012.
The EFF is also supposed to be working to help the MegaUpload users get their data by creating a partnership with the hosting companies; its called MegaRetrieval. This is in reaction to the response from the users who are using the service legally and received no advanced warning that the website with service was going to be suspended.
What’s interesting about the MegaUpload fiasco is that the lawyer for MegaUpload is making the argument that whatever allegations and charges that could be brought against MegaUpload, they can also be brought against YouTube. People can verify this very simply by doing a search on YouTube for copyrighted material. YouTube has a wealth of information on its servers that details out how to obtain and bypass security on many copyrighted applications and websites; it also has direct links to downloads they can bypass registration and security for software.
Infringing on the copyright or intellectual property of an entity, typically there is a takedown notice warning by the DCMA; this at least allows for some due process and allow for the suspected infringing party to respond to the allegations and or make corrections.
The shutdown of MegaUpload has many faces when it comes to the opinion of how I should’ve been done, but I think everyone agrees that how this takedown was done was highly unrefined; not taking into account the legitimate users and the impact it would have on individuals and companies who are actually using the service legally.
…and the band plays on…
Larry Henry Jr.
…via Dragon NaturallySpeaking 11