The battle over returning legitimate files and data stored on Megaupload's servers has hit a brick wall leaving anyone who made the mistake of storing important data there uncertain about whether they will ever get it back. Megaupload’s 1103 servers are gathering dust at Carpathia Hosting in the United States and Megaupload lawyer Ira Rothken tells TorrentFreak that, despite best efforts, efforts are stalled. They blame this continued delay on the US Attorney's Office.
"They favor the Hollywood Oligopoly over innocent consumers who lost access to their data," Megaupload lawyer Ira Rothken said.
After negotiations to retrieve innocent users' data failed earlier this year, one of Megaupload’s users lost patience and decided to take action with the help of the Electronic Frontier Foundation.
Business owner Kyle Goodwin filed a motion with the court asking it to find a workable solution for the return of his data, and that of other former Megaupload users. The Judge overseeing the case, Judge Liam O’Grady, didn't make a ruling on the case; instead he ordered the U.S. government, Megaupload, and other parties to continue negotiating some sort of solution. Two months later and the negotiations have failed… again.
Fast forward another two months and these negotiations have failed once more.
The EFF said that it saw no other option than to go back to Judge O’Grady, but the Judge isn't in any hurry to make a ruling apparently.
"Negotiations went nowhere, which is why we went back to ask the judge again for the return of user data," EFF attorney Julie Samuels told TorrentFreak. "We’re all waiting to hear from the judge. Until the court does something, our hands are unfortunately tied."
Megaupload’s defense team blames U.S. authorities for the hold on legitimate data and thinks its actions are a violation of due process.
"We believe the Government’s aggressive conduct violates due process," Rothken said.
EFF and Megaupload are hoping that Judge O’Grady will come up with a solution for the possible return of the user data. In addition, Megaupload is hoping that the Judge will dismiss the entire case.
"We are looking forward to the US Federal Court ruling on the consumer data access issue and Megaupload’s motion to dismiss,” says Rothken. "The greater the delay the greater the injustice."