U.S. Accuses Megaupload User of Storing Pirated Music

[nsane.forums]

By seizing the servers of Megaupload, the U.S. Government also confiscated the personal belongings of many innocent users. One entrepreneur has asked the court to return his data but this request is meeting resistance from the authorities. The U.S. Government points out that the Megaupload user in question may not technically be the owner of his uploaded files. In addition they accuse him of hosting pirated copies of popular music.

Ever since the raids in January, the fate of Megaupload users’ personal files has remained uncertain.

After initial negotiations over a voluntary return of user data failed, professional sports reporter and Megaupload user Kyle Goodwin lost patience and decided to take action.

Earlier this month the court granted Goodwin a hearing and yesterday the various parties submitted their opinions on what form the hearing should take.

Mr. Goodwin’s attorneys and those of Megaupload suggested an extensive hearing. Among other things they want Government employees, including FBI agents, to be questioned under oath about several aspects of the data seizures.

The U.S authorities on the other hand want to limit the hearing to the issue of whether Mr. Goodwin actually owns the data he wants returned. This question should be answered first, the Government states, as this would “avoid a fishing expedition into a pending criminal prosecution.”

United States Attorney Neil MacBride explained to the court that Mr. Goodwin might not be the legal owner of the data he seeks to retrieve. On the one hand the agreement between Megaupload and its users could limit ownership claims, but even if Goodwin can legally own the data, it may be infringing.

“Based on the government’s review of Mr. Goodwin’s website, ohiosportsnet.tv, the list of files uploaded by a Megaupload user using the account name ‘ohiosportsnet’ and the MD5 hash values of those files, it is not clear that Mr. Goodwin or his company owns the rights to all the data that he uploaded to Megaupload,” MacBride writes.

Goodwin publishes videos of sporting events but there are now claims that he used copyrighted music in these clips, possibly without acquiring the rights.

“Numerous videos produced by Mr. Goodwin have as their soundtracks recordings of popular copyrighted music. Many videos on his website begin with a statement describing the copyrighted music and including a disclaimer such as ‘we don’t own the rights’.”

Perhaps even worse, the DoJ also found a lot of music tracks that appear to come from illegal sources. That is, the hashes of these tracks match those of pirated copies.

“In addition, the ‘ohiosportsnet’ account at Megaupload had uploaded numerous music files, including music files with MD5 values that matched the hash values of pirated versions of popular music,” MacBride notes.

With this move the U.S. Government appears to be accusing Mr. Goodwin of storing pirated music files on Megaupload in the hope of preventing the return of user data to him. Since the initial negotiations the U.S. has also objected to the return of data to other Megaupload users.

Whatever the true reason, the Government’s accusations are not helping the sports reporter’s case.

According to Goodwin’s attorney Corynne McSherry, the brief is yet another diversion tactic. She is also surprised to see how easy it was for the Government to access the files of her client.

“[The Government] is doing its level best to make the issue about Mr. Goodwin, rather than its own failure to take any steps, much less the reasonable steps required by law, to protect the property rights of third parties. And it also appears to want to put a virtually insurmountable burden on Mr. Goodwin, and presumably anyone else who wants their property returned,” McSherry tells TorrentFreak.

“Finally, if the government is so well positioned to search through Mr. Goodwin’s files — and it is not at all clear that that search was authorized — presumably it could also find a way to return them,” she adds.

Megaupload’s lawyers are also calling for a swift data return. They believe that the DoJ’s reluctance stems from the fear that Kim Dotcom and the other defendants could use information gained via a detailed user data hearing to help defend the existing criminal case against the company.

View: Original Article

[Ambrocious]

The only reason that I can see that any form of music piracy is this bad is if it was beamed from the future back in time and if the music were to be revealing certian events which will occure independant of human interaction such as natural desasters and such which might pose some sort of security threat. Other than that.....

WHO GIVES A FLYING RATS ASS ABOUT MUSIC PIRACY?

That insult wasn't directed at News Hound, but rather at the clearly mentally ill music industry which is attempting to run the equivelancy of Adobe Photoshop CS6 on a Windows 95 (holding onto old and outdated ways of music association and forcing others to do the same with threats and covert operations).

[davmil]

Gee, come on. I bet if you were a producer of music you'd give a "Rat's Ass" if someone made the decision that your life's work had no value. Why not have a sample and pay the guy if you like / keep it. That strikes me as honest and fair.

[LiLmEgZ]

Gee, come on. I bet if you were a producer of music you'd give a "Rat's Ass" if someone made the decision that your life's work had no value. Why not have a sample and pay the guy if you like / keep it. That strikes me as honest and fair.

This could be very well easily debated, because.... alot of the money doesnt even GO TO the Artists and/or Album Producers... only a very small chunk does.

[Ambrocious]

I know I go overboard sometimes. I think that music corporations need to pay thier Musicians better than they currently do. The old system is outdated and needs revised to not be so harsh, but more flexible. Make it easier to get music and videos until one day it's free. If it becomes free, it holds no value above the sheer factor of the content and the overall outcome of the musicians intentions. If DVD's and CD's became free, people would hold the purchassing of items such as those to be a normal life benificiary and that person shall be allowed to make and sell blank CD's and DVD's in order to pay indirectly for the pirated content. This is not a punishment as much as it is a payment system. It would represent a legal tax agreement to basiacally pirate software/games/movies/CD's and other content.

An additional 30 dollar tax per month should be enough to start seeding all the music and entertainment systems with the profit that they collect in that 30 dollar tax. The tax is specifically for the unmitigated free internet which will not be target for consequence because they are paying "The Piracy Tax". This is NOT MEANT TO ACT AS A PENALTY. It IS however meant to also empower the people with VPN Internet connection for the duration of that Internet deal.

THE DEAL ABOVE IS WHAT ANY SMART POLITICIAN OR ENTERTAINMENT INDUSTRY WOULD DO IF THEY WANT TO BE ON OUR LEVEL. RIGHT NOW, THEY ARE BENEATH US ON A SOCIALLY MECHONIZED CULTURE.

They do not think or feel as we do because they live in a dillusion of such power and authority. It is as though they are almost not human beings.

[myidisbb]

please if you can legally vote in the usa vote eric holder and president barry out of the fking office.

bush knew what real terrorist look like. not so called pirates that this admin only looking at

[Ambrocious]

I would vote if the voting system wasn't rigged. It's all a nightmare and I just want freedom and peace globally.

[myidisbb]

ambrocious you are in the usa and can vote right? you better freaken go vote even if it is to not pick anyone on the ballot. if not everything you have been saying on these forums means nothing