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Megaupload Users Reportedly Have More Time to Claim Files, But How?

Attorneys for Megaupload execs said yesterday that two, U.S.-based Web hosting firms have agreed to save user data for at least two weeks, though one company said it does not have access to the information.

January 31, 2012

Attorneys for Megaupload execs said yesterday that two, U.S.-based Web hosting firms have agreed to save user data for at least two weeks, though one company said it does not have access to the information.

"Carpathia and Cogent agreed to preserve consumer data for additional time of at least two weeks so #Megaupload can work with US on proposal," Ira Rothken, who represents Megaupload, tweeted yesterday.

Virginia-based Carpathia Hosting and D.C.-based Cogent Communications leased servers to Megaupload. According to court filings, the Justice Department executed search warrants on the companies' servers on the same day that for massive copyright infringement. Officials copied select data from these servers but did not remove them from the premise.

U.S. Attorney Neil H. MacBride that "it is our understanding that the hosting companies may begin deleting the contents of the servers beginning as early as February 2, 2012," prompting concern from those who had legitimate files stored on the now-defunct Megaupload.

Cogent did not respond to a request for comment, but Carpathia insisted yesterday that it "does not have, and has never had, access to the content on MegaUpload servers and has no mechanism for returning any content residing on such servers to MegaUpload's customers."

Carpathia has since teamed up with the Electronic Frontier Foundation (EFF) to launch megaretrieval.com, a Web site intended to help lawful U.S. users recover files that were uploaded to Megaupload.

"Carpathia does not have access to any data for Megaupload customers. We support the EFF and their efforts to help those users that stored legitimate, non-infringing files with Megaupload retrieve their data," Brian Winter, chief marketing officer of Carpathia Hosting, said in a statement.

"EFF is troubled that so many lawful users of Megaupload.com had their property taken from them without warning and that the government has taken no steps to help them," said Julie Samuels, a staff attorney at EFF. "We think it's important that these users have their voices heard as this process moves forward."

It's not clear exactly what EFF can do. On the new Web site, the EFF said it will "review the factual situations shared by users and, if possible, try to resolve their issues."

Following the Megaupload takedown, users they had stored on the service. What would happen to them? The DOJ ; it pointed to the fact that Megaupload's own terms of service warned users to keep backup files.

In an effort to avoid the same fate, some cloud-based storage companies after the Megaupload shutdown - deleting files, disabling file-sharing, or cutting off access to U.S.-based users.

"Ironic that we need to use a cloud storage service for the legal defense team to collaborate to defend cloud storage provider #Megaupload," Rothken tweeted.

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