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

Cool Tech

Toys for Boys

Family Friendly

Stocking Stuffer

SmartLens - Clip on Phone Camera Lens Set of 3

Learn more >

Christmas Gift Guide

Click for more ›

Brand Post

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Aysha Strobbe

Microsoft Office 365/HP Spectre x360

Microsoft Office continues to make a student’s life that little bit easier by offering reliable, easy to use, time-saving functionality, while continuing to develop new features that further enhance what is already a formidable collection of applications

Michael Hargreaves

Microsoft Office 365/Dell XPS 15 2-in-1

I’d recommend a Dell XPS 15 2-in-1 and the new Windows 10 to anyone who needs to get serious work done (before you kick back on your couch with your favourite Netflix show.)

Maryellen Rose George

Brother PT-P750W

It’s useful for office tasks as well as pragmatic labelling of equipment and storage – just don’t get too excited and label everything in sight!

Cathy Giles

Brother MFC-L8900CDW

The Brother MFC-L8900CDW is an absolute stand out. I struggle to fault it.

Luke Hill

MSI GT75 TITAN

I need power and lots of it. As a Front End Web developer anything less just won’t cut it which is why the MSI GT75 is an outstanding laptop for me. It’s a sleek and futuristic looking, high quality, beast that has a touch of sci-fi flare about it.

Emily Tyson

MSI GE63 Raider

If you’re looking to invest in your next work horse laptop for work or home use, you can’t go wrong with the MSI GE63.

Featured Content

Product Launch Showcase

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?