Megaupload Destruction Of Evidence

This story was interesting. Megaupload’s user data will be destroyed, possibly as soon as Thursday.

I already wrote about Megaupload. The correct answer is that “intellectual property” is not property. Words like “intellectual property” and “piracy” set the debate in the wrong frame. Copying is not the same as stealing physical property.

If you self-published on Megaupload, your probably won’t recover your files. However, you’re an idiot if you published via Megaupload and didn’t keep backups.

Megaupload rented servers from other businesses. After the State raid, Megaupload’s bank accounts were frozen. Megaupload can’t pay its hosting bill. Therefore, the hosting service will terminate Megaupload’s account. Those servers will be re-sold to other customers.

This is destruction of evidence. One important question is “What % of content on Megaupload’s servers was ‘infringing’?” Another important question is “What % of Megaupload’s revenue came from ‘infringing’ content.” If evidence is destroyed, that question cannot be answered. Prosecutors say “There was some infringement. Therefore, there is criminal activity.” However, a juror might be persuaded, if a low % of Megaupload’s content was not infringing.

If I were Kim Dotcom’s lawyer, this destruction of evidence will be a useful tool in the defense.

I’ve been investigating YouTube alternatives for publishing videos. Kim Dotcom also operated Megavideo, a YouTube alternative. Veoh was also shut down via State violence, a lawsuit. There are few decent YouTube alternatives.  (My AdSense account was unfairly banned.  I couldn’t make money from ads on YouTube videos.  Therefore, I’m looking for alternatives.)

The correct answer is that “intellectual property” is not property. However, Kim Dotcom’s lawyers will not mention that in his trial. Instead, they will argue technicalities regarding the DMCA and criminal intent.

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