Negotiations over Megaupload data to start this week

An outstanding issue is the lack of a criminal summons to Megaupload Limited, which is based in Hong Kong

Negotiations over how to preserve 28 petabytes of data from Megaupload are set to begin on Thursday, according to the file-sharing site's attorney.

Megaupload and U.S. government lawyers will meet with a U.S. magistrate in Virginia to work on a resolution, said Ira P. Rothken on Monday. If that fails, it will go back to a federal court judge for a decision.

The website was shut down Jan. 19 after criminal copyright infringement charges were filed against two companies and seven individuals, including founder Kim Dotcom. Carpathia Hosting, which supplied most of the hosting for Megaupload, would like to be paid to continue holding the data, which it claims costs US$9,000 a day.

Megaupload has sought funds to be released from frozen bank accounts to pay for preserving data. It had reached an agreement with Carpathia to buy the servers for around $1 million, payable after a criminal trial, but the U.S. government opposed it.

The digital rights group Electronic Frontier Foundation (EFF) has filed a brief with the court on behalf of users who weren't infringing copyright and lost access to their data when it was shutdown. The EFF has asked the court for a procedure to assist innocent people to recover their files.

Another issue is also looming before the court, Rothken said. Megaupload Limited, which is named as a defendant in the indictment, was never served a criminal summons, which would be required before a company can be brought to court, Rothken said.

Under U.S. law, criminal summons can be served to individuals who are outside the U.S., but not to companies, Rothken said. Megaupload is based in Hong Kong, not the U.S., Rothken said. A brief has been filed with court, he said.

The issue came up briefly during a hearing on April 13, when Judge Liam O'Grady ordered the parties to mediation. O'Grady said the summons issue will required a "further hearing."

Send news tips and comments to jeremy_kirk@idg.com

Join the newsletter!

Or

Sign up to gain exclusive access to email subscriptions, event invitations, competitions, giveaways, and much more.

Membership is free, and your security and privacy remain protected. View our privacy policy before signing up.

Error: Please check your email address.
Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

Jeremy Kirk

IDG News Service
Show Comments

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Tom Pope

Dynabook Portégé X30L-G

Ultimately this laptop has achieved everything I would hope for in a laptop for work, while fitting that into a form factor and weight that is remarkable.

Tom Sellers

MSI P65

This smart laptop was enjoyable to use and great to work on – creating content was super simple.

Lolita Wang

MSI GT76

It really doesn’t get more “gaming laptop” than this.

Jack Jeffries

MSI GS75

As the Maserati or BMW of laptops, it would fit perfectly in the hands of a professional needing firepower under the hood, sophistication and class on the surface, and gaming prowess (sports mode if you will) in between.

Taylor Carr

MSI PS63

The MSI PS63 is an amazing laptop and I would definitely consider buying one in the future.

Christopher Low

Brother RJ-4230B

This small mobile printer is exactly what I need for invoicing and other jobs such as sending fellow tradesman details or step-by-step instructions that I can easily print off from my phone or the Web.

Featured Content

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?