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The MPAA is seeking to block Megaupload's web host, Capathia, from transferring the 25 petabytes of data stored on servers previously rented by the file sharing website, back to Megaupload or to "any other third party".
Carpathia says that the Megaupload data, data which will be required by lawyers on both sides as they argue the case, is costing them up to $9,000 per day to maintain. The Virginia based web hosting firm has requested the court to release some of the seized funds back to Megaupload, so Megaupload can continue to pay Carpathia to keep the data alive. Carpathia has also suggested the servers be handed over to the US government.
However, the MPAA has stepped in and wants Carpathia to ensure none of the data gets back into Megaupload's hands, or that of any other party, as they fear the data could be used the "relaunch" the website, in a foreign jurisdiction where US laws are not applicable.
"The sale or transfer of those copies from Carpathia to Megaupload or any other third party would constitute an unauthorized "distribut[ion] ... to the public" under the Copyright Act," warned the MPAA.
"A sale or transfer of the servers to Megaupload (or any of the defendants) would raise a significant risk that Megaupload will simply ship the servers, hard drives or other equipment -- and all of the infringing content they contain -- to a foreign jurisdiction and relaunch the infringing Megaupload service, which would result in untold further infringements of the MPAA members’ copyrighted works. If so, the renewed criminal enterprise might be beyond any effective legal remedy."
As for allowing users to access their legitimate files, the MPAA says they are "sympathetic". The MPAA supports Carpathia's suggestion to hand over the servers to the US government.
Carpathia says that the Megaupload data, data which will be required by lawyers on both sides as they argue the case, is costing them up to $9,000 per day to maintain. The Virginia based web hosting firm has requested the court to release some of the seized funds back to Megaupload, so Megaupload can continue to pay Carpathia to keep the data alive. Carpathia has also suggested the servers be handed over to the US government.
However, the MPAA has stepped in and wants Carpathia to ensure none of the data gets back into Megaupload's hands, or that of any other party, as they fear the data could be used the "relaunch" the website, in a foreign jurisdiction where US laws are not applicable.
"The sale or transfer of those copies from Carpathia to Megaupload or any other third party would constitute an unauthorized "distribut[ion] ... to the public" under the Copyright Act," warned the MPAA.
"A sale or transfer of the servers to Megaupload (or any of the defendants) would raise a significant risk that Megaupload will simply ship the servers, hard drives or other equipment -- and all of the infringing content they contain -- to a foreign jurisdiction and relaunch the infringing Megaupload service, which would result in untold further infringements of the MPAA members’ copyrighted works. If so, the renewed criminal enterprise might be beyond any effective legal remedy."
As for allowing users to access their legitimate files, the MPAA says they are "sympathetic". The MPAA supports Carpathia's suggestion to hand over the servers to the US government.