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U.S. says MegaUpload's hosting service is no innocent bystander | 328 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Megaupload Data still in Limbo
Authored by: PJ on Saturday, April 14 2012 @ 07:54 PM EDT
Now you see why we at Groklaw work so hard
to present the raw documents, so you don't
have to rely on interpretations. I gather
the judge told them to work it out, but if
they don't the judge will do it for them.
I interpret that to mean the government
lost. They didn't want to have to work it
out with anybody.

[ Reply to This | Parent | # ]

U.S. says MegaUpload's hosting service is no innocent bystander
Authored by: Gringo_ on Sunday, April 15 2012 @ 11:16 AM EDT

We have a new article from CNET with more information...

Jay Prabhu, the lawyer representing the U.S. Attorney's office, said Carpathia's problems were not caused by the government. His message to the court was that if the cost of doing business with MegaUpload has gone up, Carpathia's added expenses shouldn't be thrust onto taxpayers. Later, Prabhu made comments about Carpathia...

He attacked the company's claims that managers were caught unaware by the charges leveled against MegaUpload. Prabhu outlined how Carpathia had received subpoenas regarding MegaUpload's alleged copyright violations from the government as well those from civil complaints filed against MegaUpload. He told the judge that servicing MegaUpload helped Carpathia generate $35 million. The attorney also said he had reason to believe that Carpathia may be a target for civil litigation.

He did not accuse Carpathia of violating any criminal laws and did not identify where a civil complaint might originate.

Anyone who may try to accuse Carpathia of having some kind of culpability in any copyright-infringing behavior at MegaUpload is likely taking on a tough case. The Digital Millennium Copyright Act (DMCA) was tailor-made for third- party service providers like Carpathia. The act's Safe Harbor provision is designed to shield these companies from liability for the copyright violations committed by users.

[ Reply to This | Parent | # ]

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