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A possible release of Megaupload’s servers, containing millions of files of former users as well as critical evidence for Kim Dotcom’s defense, is still far away. Responding to questions from the federal court, the MPAA says that it’s gravely concerned about the copyrighted works stored on there. The U.S. Government, meanwhile, doesn’t want Megaupload to use ‘illicit’ money to retrieve any data.
Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.
When Megaupload was raided early 2012 the U.S. Government seized 1,103 servers at Carpathia’s hosting facility in the United States.
Nearly four years have since passed and it’s still uncertain what will happen to the servers, which are safely stored in a Virginia warehouse at the moment.
After a renewed request for guidance on the issue, District Court Judge O’Grady started to explore what options are on the table. He asked the various parties what would be required to release the servers and whether their possible return has any complications.
In a response, hosting company QTS/Carpathia says that most data will still be intact but that retrieving it will be a costly endeavor.
The equipment that was used to link the servers together is no longer on the market. Used parts are still available but this would cost roughly $500,000. In addition, hundreds of thousands of dollars are needed to move the servers and set them up properly.
United States Attorney Dana Boente notes that a successful data return would likely cost millions. However, the Government has no interest in the servers and doesn’t want any of Megaupload’s restrained funds to be released to pay for the costs.
According to the Government some of Megaupload’s money comes from illicit proceeds. In addition, the possible return of the servers is a concern because they contain child pornography.
“The United States further reminds the Court that the Federal Bureau of Investigation found that many of these servers contain, as indicated more particularly under seal, copies of known images of child pornography,” Boente writes (pdf).
The MPAA also responded to questions posed by the court. The Hollywood group says it’s still gravely concerned that the copyrighted movies and TV-shows may fall into the hands of others.
“The MPAA members remain gravely concerned about the potential release of the copyrighted works that are stored on the […] servers at issue here,” the movie industry group writes (pdf).
Transferring the data to Megaupload or another party would be copyright infringement in and by itself, they argue.
“The release of these digital files would not only risk the further infringing distribution of the MPAA members’ highly valuable copyrighted works, but any transfer of these files by QTS to Megaupload or a third party would itself be an infringement of the MPAA members’ copyrights in those works.”
Based on the reasoning above it’s nearly impossible to move any of the data without violating the rights of the movie studios.
However, former Megaupload user Kyle Goodwin, represented by the EFF, stresses that there’s no need to restore the entire infrastructure. He only wants access to the personal files he lost during the raid.
Finally, Megaupload’s defense argues that it can’t pay for the servers as long as their assets are restrained.
Dotcom’s defunct file-hosting service suggests placing the servers “under a litigation hold” at a reputable eDiscovery vendor such as KPMG, to ensure the confidentiality of the files. Recovering the data won’t come cheap though.
“Megaupload had previously received an e-vendor’s estimate of US$7.7 million for forensic duplication of the data needed for e-discovery and evidence purposes,” they write (pdf).
It’s now up to District Court Judge Liam O’Grady to make a recommendation regarding the possible return of Megaupload’s servers. Based on the input from the parties above this may prove to be a difficult task.
Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.
Tronsmart is a Chinese company that first showed up on my radar a few years ago when the company began offering small Android-powered TV boxes and sticks. But like many Chinese manufacturers, Tronsmart isn’t just making products with ARM-based chips and Android software anymore. While the Tronsmart Ara x5 looks a lot like a small Roku-like […]
Tronsmart Ara X5 mini PC review: It’s a real desktop PC… but not a super speedy one is a post from: Liliputing
Tronsmart is a Chinese company that first showed up on my radar a few years ago when the company began offering small Android-powered TV boxes and sticks. But like many Chinese manufacturers, Tronsmart isn’t just making products with ARM-based chips and Android software anymore. While the Tronsmart Ara x5 looks a lot like a small Roku-like […]
Tronsmart Ara X5 mini PC review: It’s a real desktop PC… but not a super speedy one is a post from: Liliputing
Windows may be the dominant operating system for notebook and desktop computers but it’s in a distant third place when it comes to smartphones, so it’s not surprising that many mobile app developers prioritize iOS and Android over Windows. So Microsoft decided to do something about the app gap and earlier this year the […]
Maybe Android apps aren’t coming to Windows 10 after all? is a post from: Liliputing
Windows may be the dominant operating system for notebook and desktop computers but it’s in a distant third place when it comes to smartphones, so it’s not surprising that many mobile app developers prioritize iOS and Android over Windows. So Microsoft decided to do something about the app gap and earlier this year the […]
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Moderne Webseiten erstellen häufig dynamischen Javascript-Code. Wenn darin private Daten enthalten sind, können fremde Webseiten diese auslesen. Bei einer Untersuchung von Sicherheitsforschern war ein Drittel der untersuchten Webseiten von diesem Problem betroffen. (Javascript, Technologie)
Die Bundesregierung plant nach einem Medienbericht, Käufern von Elektroautos bis zu 5.000 Euro zu zahlen. Das Ziel, bis 2020 eine Million Elektroautos auf deutsche Straßen zu bringen, dürfte anders kaum noch zu erreichen sein. Zudem sollen herkömmliche Antriebe stärker belastet werden. (Elektroauto, GreenIT)
The ISP under legal pressure to block The Pirate Bay in Sweden has criticized efforts to make the provider an accomplice in other people’s crimes. In a joint statement two key executives of Telenor / Bredbandsbolaget warn that folding to the wishes of private copyright holder interests could mark the beginning of the end for the open Internet.
Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.
Almost exactly one year ago, Universal Music, Sony Music, Warner Music, Nordisk Film and the Swedish Film Industry teamed up against Swedish ISP Bredbandsbolaget (Broadband Company).
In a lawsuit filed at the Stockholm District Court, the entertainment industry plaintiffs argued that Bredbandsbolaget should be held liable for Internet piracy carried out by its own subscribers. The companies argued that if the ISP wants avoid liability it should block its customers from accessing The Pirate Bay and streaming portal Swefilmer.
Telenor subsidiary Bredbandsbolaget (Broadband Company) has fought the action every step of the way and will find out at the end of November whether those efforts have paid off.
Should it prevail the decision will be a historic one – no other ISP in Europe (complex Netherlands’ case aside) has managed to avoid blocking The Pirate Bay following a legal battle. If the ISP loses (and the odds suggest that it will) the provider will be required to censor the site, something it is desperate to avoid.
In a joint statement this week Patrik Hofbauer, CEO of Telenor and Bredbandsbolaget, and Anna Bystrom, company legal counsel, warned that an adverse ruling could put the model of a free and open Internet at risk.
“When a judgment becomes precedent a trial is about so much more than an Internet service provider and two controversial websites,” the executives begin.
“If the media companies are given the right it will lead to absurd consequences and Internet subscribers will ultimately end up using a severely censored Internet.”
Hofbauer and Bystrom highlight the fact that should the case go the plaintiffs’ way, Bredbandsbolaget and other Internet providers will be regarded as accomplices to infringement committed on sites such as Swefilmer and The Pirate Bay. However, the implications stretch far beyond those two domains.
“A conviction that makes us criminals because we do not block these sites is very dangerous and opens a door must remain closed,” they explain.
“Moving forward, will ISPs then be forced to block social media if we are deemed to contribute to copyright infringement, threats and defamation that may occur there?”
Indeed, copyright is the tip of the iceberg. Could ISPs’ liability stretch further still, to controversial sites such as Wikileaks for example?
“Will sites where whistle-blowers can reach out with secret classified material also need to be blocked? If so, Sweden would then be subjected to a harsh level of censorship unique in the EU,” Hofbauer and Bystrom warn.
While the copyright holders in the legal action are clear on their goals, it’s clear that Bredbandsbolaget is concerned that this case represents the thin end of a wedge, one that starts with copyright but has the potential to expand into unforeseen areas. Once the genie is out of the bottle, the company argues, the threat to the open Internet could be great.
Bredbandsbolaget says the legal and ethical choices it is confronted with are not always easy ones and it sometimes finds itself in the middle of contradictory demands from legislators on one side and stakeholders on the other. But on this issue, initially involving The Pirate Bay but with the potential to spread much further, the ISP’s position has been easy.
“Our role in society should be about making information available and we can not risk engaging in censorship,” the ISP explains.
“When we faced pressure from individual players in this case, we put our values to the test. We are against piracy, but the idea that under threat of punishment ISPs must make assessments of the sites that Swedish people visit is absurd.”
In conclusion and while welcoming a positive outcome to the case, the executives say that if they’re forced to bend to the whims of outside influences, people may have to kiss goodbye to a free and open Internet.
“The day when we and other operators must be guided by private interests, that may represent the beginning of the end for what we in Sweden know as the open Internet. With that said, we welcome a decision that will hopefully strengthen our conviction,” Hofbauer and Bystrom conclude.
Whichever way it goes, there’s only two weeks left to find out.
Source: TorrentFreak, for the latest info on copyright, file-sharing, torrent sites and ANONYMOUS VPN services.
Wir haben diese Woche viel Fallout 4 gespielt, waren zweimal im Kino – und nebenbei haben wir auch noch ein bisschen richtig gearbeitet und Blackberrys erstes Smartphone mit Android sowie das iPad Pro getestet. Sieben Tage und viele Meldungen im Überblick. (Golem-Wochenrückblick, Spieletest)
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