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MegaUpload Users Try to Get Their Files Back
Legitimate Data Loss Overshadowed by Hullabaloo
by Karl Bode Tuesday 31-Jan-2012 tags: business · bandwidth · world · software · consumers
One of the many problems with the government's global assault on MegaUpload is the fact that, as with any digital locker service, many users used the website legitimately to store non-copyrighted files. Some of the website's users have tinkered with the idea of suing the government to get access to those files, but it remains unclear if there's any solid course of legal action for them. After originally stating the files would be deleted immediately, a Tweet by MegaUpload's lawyer suggests that files will be made available for users for a limited time:

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Carpathia and Cogent agreed to preserve consumer data for additional time of at least two weeks so #Megaupload can work with US on proposal.

Both Carpathia and Cogent Communications leased servers and bandwidth to MegaUpload, with employees of the latter saying they were raided during the recent MegaUpload crackdown.

Carpathia contests any such claim that they have access to user data, telling PC Magazine that the company "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." The company did however work with the EFF to create MegaRetrieval.com, a website dedicated to giving legal help to those who lost legitimate files (no, that doesn't include your pirated Led Zeppelin discography).

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45612019

join:2004-02-05
New York, NY

MegaUpload was a legitimate business.

Megaupload was a 100% legitimate operation which followed U.S. law to the letter. They complied with the DMCA and as such qualified as a safe harbor.

This whole incident just goes to show that the U.S. government is out of control and can no longer follow its own laws. Why do we need SOPA/PIPA/ACTA if the United States has already established that it can do whatever it wants?

The U.S. is now the world's largest "rogue state." They don't care about anyone, not even their own citizens.

jmn1207
Premium
join:2000-07-19
Ashburn, VA

Re: MegaUpload was a legitimate business.

Yes, why give Carpathia and Cogent Communications a free pass? How come they were not shut down completely with the assets of any financial institutions that they were associated with seized? What is the arbitrary point at which responsibility is absolved? Can we just blame the human race and force everyone to pay the lawyers a monthly fee for all of the media they bullied their way into controlling?

Romney2012
Defeat Obama 2012-Chg we can believe in
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USA
kudos:4
said by 45612019:

Megaupload was a 100% legitimate operation which followed U.S. law to the letter. They complied with the DMCA and as such qualified as a safe harbor.

Your comment makes a nice statement of BELIEF. But you provide no facts to back that up. While those charging Megaupload have a boatload of evidence to show they did not comply with the DMCA, including those charged's own emails.
--
The nine most terrifying words in the English language are, I'm from the government and I'm here to help.
»www.politico.com/2012-election/

Skippy25

join:2000-09-13
Hazelwood, MO

Re: MegaUpload was a legitimate business.

Well I guess until it is actually decided in the court of law neither of you can make a claim.

Not sure how it is in your country, but in the US accusations are accusations until the gavel slams after a guilty verdict is read.

jap
Premium
join:2003-08-10
038xx

1 edit

Re: MegaUpload was a legitimate business.

said by Skippy25:

in the US accusations are accusations until the gavel slams

Well ..achem.. sort of.

45612019

join:2004-02-05
New York, NY

Re: MegaUpload was a legitimate business.

said by jap:

said by Skippy25:

Not sure how it is in your country, but in the US accusations are accusations until the gavel slams after a guilty verdict is read.

Well ..achem.. sort of.

Hah! Yeah, that was a good one. I see we have a comedian in here.

Tell that to all those people whose lives have been ruined for "allegedly" appearing in the media and "allegedly" committing a crime.

Or perhaps those who are arrested and detained for months without a trial because they aren't wealthy enough to afford a bond...

The United States "justice" system has always operated on the "guilty until proven innocent" principle. And even if you do manage to get "proven innocent" that won't buy you back all that time you spent in jail being punished for nothing.

jap
Premium
join:2003-08-10
038xx

Re: MegaUpload was a legitimate business.

said by 45612019:

The United States "justice" system has always operated on the "guilty until proven innocent" principle.

Well now I'm not an absolutist on anything, much less the social vagaries that influence applied law. Both your statement and the opposing end where Skippy25 lives are simplistic and I find irony in that they are in response to a most complicated set of legal questions presented by this case.

Re-defining copyright protections and how to make them best work in a digitized-everything world is a fascinating social conundrum. The one thing those paying attention can agree on (when the microphone's turned off) is there's no good solution on the horizon. We'll get to a best practice sooner or later and re-jigger funding streams to suit (eg: public arts funds rather than entirely commercial). But the cross-culture/border applied law aspect is a political clusterfuck that I think will take longer to settle. This case is in many ways a first. Which is what makes it interesting. And, at this early date, not a great candidate to hold up as representative of much of anything.

Here's a fantastic read on possible political motives and influence the author expects may come to bear on the case. The title is a historical reference so nobody, regardless of ideological stripe, should be put-off by it.
Hang The Pirates - But Start With The Movie Moguls And Record Execs
by Allan Parker, 2012.01.25
Desdinova
Premium
join:2003-01-26
Gaithersburg, MD

Re: MegaUpload was a legitimate business.

Great article. Thanks for the link.

KrK
Heavy Artillery For The Little Guy
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said by Skippy25:

Not sure how it is in your country, but in the US accusations are accusations until the gavel slams after a guilty verdict is read.

Well, that's how it used to be prior to the new anti-terrorism age and so on, secret tribunals and various Copyright pacts and so on.
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini
Flatspin

join:2012-02-01
Do accusations justify closing down a business entirely until such accusations are proven true, AFTER the gavel slams?
Skippy25

join:2000-09-13
Hazelwood, MO

Re: MegaUpload was a legitimate business.

Absolutely not, which is my point.

If their business is questioned then those that question it should bring them before the courts and a trail should determine if they are in violation. If their peers say they are, then they should be dealt with. If their peers say they are not, then all goes on as before.

Regardless, accusing them of something and then shutting their doors until they can proof their innocent is backasswards.

ctceo
Premium
join:2001-04-26
South Bend, IN
Potential for future crime, remember?

elwoodblues
Elwood Blues
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said by Romney2012:

said by 45612019:

Megaupload was a 100% legitimate operation which followed U.S. law to the letter. They complied with the DMCA and as such qualified as a safe harbor.

Your comment makes a nice statement of BELIEF. But you provide no facts to back that up. While those charging Megaupload have a boatload of evidence to show they did not comply with the DMCA, including those charged's own emails.

But you see, that's what you are being told, have you seen the emails? Have you seen evidence they didn't comply with DMCA take downs?

Just like inflation is very low, you are being lied to suit a particular agenda.
--
No, I didn't. Honest... I ran out of gas. I... I had a flat tire. I didn't have enough money for cab fare. My tux didn't come back from the cleaners. An old friend came in from out of town. Someone stole my car. There was an earthquake.......
chances14

join:2010-03-03
Reviews:
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Re: MegaUpload was a legitimate business.

said by elwoodblues:

said by Romney2012:

said by 45612019:

Megaupload was a 100% legitimate operation which followed U.S. law to the letter. They complied with the DMCA and as such qualified as a safe harbor.

Your comment makes a nice statement of BELIEF. But you provide no facts to back that up. While those charging Megaupload have a boatload of evidence to show they did not comply with the DMCA, including those charged's own emails.

But you see, that's what you are being told, have you seen the emails? Have you seen evidence they didn't comply with DMCA take downs?

Just like inflation is very low, you are being lied to suit a particular agenda.

if you want evidence that they didn't comply with DMCA takedowns, just go visit a site like icefilms, where they have links to thousands of tv shows and movies with a majority of them located on megaupload servers. most of the files had been on their severs for months
sonicmerlin

join:2009-05-24
Cleveland, OH
kudos:1

Re: MegaUpload was a legitimate business.

said by chances14:

if you want evidence that they didn't comply with DMCA takedowns, just go visit a site like icefilms, where they have links to thousands of tv shows and movies with a majority of them located on megaupload servers. most of the files had been on their severs for months

Honestly? Who cares? Who the devil cares what happens to the RIAA's or MPAA's precious IP? Why is the government acting like their personal thugs?

Artists don't do anything to enhance GDP. It's ART, not a truly productive material that increases the overall wealth of the country. If people buy it, so be it. If they don't, SO BE IT. Why is the government playing big bad brother for a couple of monopolistic industries?
chances14

join:2010-03-03
Reviews:
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Re: MegaUpload was a legitimate business.

said by sonicmerlin:

said by chances14:

if you want evidence that they didn't comply with DMCA takedowns, just go visit a site like icefilms, where they have links to thousands of tv shows and movies with a majority of them located on megaupload servers. most of the files had been on their severs for months

Honestly? Who cares? Who the devil cares what happens to the RIAA's or MPAA's precious IP? Why is the government acting like their personal thugs?

Artists don't do anything to enhance GDP. It's ART, not a truly productive material that increases the overall wealth of the country. If people buy it, so be it. If they don't, SO BE IT. Why is the government playing big bad brother for a couple of monopolistic industries?

you sound like just another pirate trying to justify their illegal actions. doesn't matter what you think of hollywood, it's still stealing and therefore illegal
sonicmerlin

join:2009-05-24
Cleveland, OH
kudos:1

Re: MegaUpload was a legitimate business.

said by chances14:

said by sonicmerlin:

said by chances14:

if you want evidence that they didn't comply with DMCA takedowns, just go visit a site like icefilms, where they have links to thousands of tv shows and movies with a majority of them located on megaupload servers. most of the files had been on their severs for months

Honestly? Who cares? Who the devil cares what happens to the RIAA's or MPAA's precious IP? Why is the government acting like their personal thugs?

Artists don't do anything to enhance GDP. It's ART, not a truly productive material that increases the overall wealth of the country. If people buy it, so be it. If they don't, SO BE IT. Why is the government playing big bad brother for a couple of monopolistic industries?

you sound like just another pirate trying to justify their illegal actions. doesn't matter what you think of hollywood, it's still stealing and therefore illegal

It's not stealing you troll. It's copyright infringement. There is an unbelievably wide gulf between the two terms.

ctceo
Premium
join:2001-04-26
South Bend, IN
Reviews:
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Re: MegaUpload was a legitimate business.

Copyright IMO is legitimized selfishness. Just as money is tangible greed. Both need to done away with if we want this place to survive.

And, Yes LeftOfSanity, I do chuckle every-time I hear that idiot speak or see his picture. Did you watch the video I linked?

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
join:2002-03-03
USA
kudos:4

Re: MegaUpload was a legitimate business.

said by ctceo:

money is tangible greed. Both need to done away with

And what do we replace money with? A barter society on an international scale? Maybe when the Star Trek vision of government happens in 2,000 years.

ctceo
Premium
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South Bend, IN
Reviews:
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Re: MegaUpload was a legitimate business.

Resource Based Economy.

If we do not live within the limitations of the resources we have and do so efficiently, which we are NOT doing at present, we WILL fail; Likely destroying much if not all of the planet in the process. If you cannot understand that then I am not sure how to better explain it without sounding offensive.

Romney2012
Defeat Obama 2012-Chg we can believe in
Premium
join:2002-03-03
USA
kudos:4

Re: MegaUpload was a legitimate business.

said by ctceo:

Resource Based Economy.

If we do not live within the limitations of the resources we have and do so efficiently, which we are NOT doing at present, we WILL fail; Likely destroying much if not all of the planet in the process. If you cannot understand that then I am not sure how to better explain it without sounding offensive.

Oh, I understand it. At heart you are a Malthusian and believe there is some finite pie of resources to be sliced up, and the pie can't be expanded w/o destroying the earth. I and many others reject that theory and that theory has been proven wrong over and over again over the years.
--
The nine most terrifying words in the English language are, I'm from the government and I'm here to help.
»www.politico.com/2012-election/


ctceo
Premium
join:2001-04-26
South Bend, IN

Re: MegaUpload was a legitimate business.

I'm sorry to hear you feel that way. When your bank is empty, your stomach is growling and your cupboards are bare, Looks me up. I understand what it is like to be in denial.
chances14

join:2010-03-03
Reviews:
·Air Advantage
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said by 45612019:

Megaupload was a 100% legitimate operation which followed U.S. law to the letter. They complied with the DMCA and as such qualified as a safe harbor.

This whole incident just goes to show that the U.S. government is out of control and can no longer follow its own laws. Why do we need SOPA/PIPA/ACTA if the United States has already established that it can do whatever it wants?

The U.S. is now the world's largest "rogue state." They don't care about anyone, not even their own citizens.

too bad the founders of the site weren't playing by the rules

»www.cbsnews.com/8301-205_162-573···youtube/
Mr Matt

join:2008-01-29
Eustis, FL
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Re: MegaUpload was a legitimate business.

Regarding the report on CBS News report. The news spinners Coriolis effect. Who owns the news spinners. Wealthy corporations or people like Rupert Murdoch. We have gone from legitimate news organizations to news propagandists. Without some kind of corroboration of these reports, much of one sees or reads is a propagandists delusion.

The young people reading this thread cannot remember because it was to far back in time. In the past the real news organizations gave facts and not opinions and then usually at the end of the program or somewhere in the newspaper was the editorial where the management of the company, like a Vice President of the company, gave the opinion of the companies management. News organizations made a big thing of announcing that the editorial was the opinion of the station or newspaper and was not news or fact. These days most news organs provide a little news with allot of opinions directed at those the management does not approve off. Think Rupert the Right.
chances14

join:2010-03-03

Re: MegaUpload was a legitimate business.

So your saying that the emails about ripping videos off YouTube are fake and don't exist and is just made up by Media?
Wilsdom

join:2009-08-06

Re: MegaUpload was a legitimate business.

Did they actually ever do that? Doesn't really make a lot of sense. That was back before Google owned it, so maybe they were expecting it to shut down, and they'd take over? Anyway it doesn't seem the Youtube ever complained, so it seems like the government is really desperate for a case if it has to create a victim.
chances14

join:2010-03-03
Reviews:
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Re: MegaUpload was a legitimate business.

said by Wilsdom:

Did they actually ever do that? Doesn't really make a lot of sense. That was back before Google owned it, so maybe they were expecting it to shut down, and they'd take over? Anyway it doesn't seem the Youtube ever complained, so it seems like the government is really desperate for a case if it has to create a victim.

it doesn't matter if youtube complained or not, they were still knowingly breaking the law

footballdude
Premium
join:2002-08-13
Imperial, MO
said by Mr Matt:

The young people reading this thread cannot remember because it was to far back in time. In the past the real news organizations gave facts and not opinions and then usually at the end of the program or somewhere in the newspaper was the editorial where the management of the company, like a Vice President of the company, gave the opinion of the companies management.

News has always been presented with a slant. It is just much more obvious these days than it used to be. There was never a time when you could trust journalists to tell you everything.
--
Dresden - I work in Accounts Payable.
Random Bad Guy - In what capacity?
Dresden - I make sure everyone gets what's coming to them.

IvyLeagueR

@Princeton.EDU
There, I fixed that for you.

Proof, please oh Xizer.

May I remind you and others that MegaUpload, Rapidshare, FileCloud, FileJungle, Upload.it, FileServe, etc, etc, all permitted a service based on:
-traffic
-ads
-subscribers

The more you uploaded, the more you made in commission. You were given links to "share". Sure they blocked IP protected content unless it was zipped or rar'd files. Or tricked the system with text/jpg files mixed in the zip/rar file(s). Porn, movies, pdfs, software, everything and anything. Websites made money. Files stores made money. Even Paypal and other EU pay-per-use made money. Daily, weekly, monthly, or annual accounts made money.

How about all those dupes that bought into a year or more for access (to downloads, unlimited, no speed or files size limits...) and now get " NOTHING " but lulz...

FBGuy
yippee ki yay
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Re: MegaUpload was a front business.

said by IvyLeagueR :

How about all those dupes that bought into a year or more for access (to downloads, unlimited, no speed or files size limits...) and now get " NOTHING " but lulz...

I'm not sure about the agreement, but I'm guessing that there was no guarantee that paying for megaupload guaranteed anything.

KrK
Heavy Artillery For The Little Guy
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MegaUpload had substantial non-infringing uses. That in the past has been used to protect businesses and products from bans/lawsuits/illegal prosecution.... but the times, they are a'changin'
--
"Fascism should more properly be called corporatism because it is the merger of state and corporate power." -- Benito Mussolini

ctceo
Premium
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Well you heard Barry, He clearly stated that he will create a NEW and APPROPRIATE legal regime to deal with such threats.

»www.youtube.com/watch?v=L8J_lcHwkvc

LeftOfSanity
People Suck.

join:2005-11-06
Felton, DE

Re: MegaUpload was a legitimate business.



Birther Alert.

Do you chuckle to yourself every time you refer to him as Barry?
--
"I'm against picketing, but I don't know how to show it" - Mitch Hedberg

Dude111
An Awesome Dude
Premium
join:2003-08-04
USA
kudos:10
quote:
This whole incident just goes to show that the U.S. government is out of control and can no longer follow its own laws.
Exactly and its disgusting;GETTING WORSE EVERYDAY!!
Mr Matt

join:2008-01-29
Eustis, FL
kudos:1
Reviews:
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Govermental abuse!

Image if you lived in an apartment building and some of the tenants were discovered to be dealing drugs. A competitive apartment developer is angry at your landlord. He pays off government officials to attack the tenants in the building you reside in. The governmental pigs lock you out of your apartment and then announce that all belongings of tenants that were or were not engaged in illegal activities would be removed from their apartments and destroyed. This travesty of justice is designed to send a message law abiding citizens that the government can do anything they please and the Constitution does not apply to them. It is payback for those protesting against SOPA and PIPA on behalf of the copyright puppet masters by police.

See 27 replies to this post

Spike
Premium
join:2008-05-16
Toronto, ON

Not so clear cut...

It being a criminal case, the burden of proof that they didn't comply with the DMCA is not so clear cut.

As long as Megaupload staff *thought* they were complaint enough with the DMCA's language may be enough for a win...

A civil case on the other hand, its much easier to be guilty of non-compliance.

Good article from Stanford on how it being a criminal case makes it a completely different matter:
»cyberlaw.stanford.edu/node/6795

Sperkowitz
Premium
join:2002-03-30
Burbank, CA

file storage

I honestly never heard of Megaupload until I was told about a video download site. There was only one reason I used Megaupload: to download videos and music. For cloud based storage I use a couple other "mainstream" sites. I don't think I would ever want to use Megaupload for cloud-based storage. Nor would I want to use the other half a dozen sites I see on other video search sites. Either way, I just went back to Usenet anyhow. I'm more willing to pay monthly for that than cable which is 95% garbage.

And I would never solely rely on off-site storage for important data. I would have it in duplicate or triplicate. I look at cloud-based storage as back up, for my back up; or a way to retrieve my data on the road. But I will always have a hard copy at home. I say very poor thinking if you placed your only copy of an important file on Megaupload.

I think it's pretty moot to argue the legality of Megaupload here. We're mostly tech geeks, not lawyers. We're only seeing what we want to see. And being tech geeks and the types who are anti-**AA we're mostly going to side with the other guys.

KeepOnRockin
Music Lover Forever
Premium
join:2002-11-08
Beaverton, OR

No Impact

Megaupload was just one of many digital file locker services that exist.

Does anyone think copyrighted files don't form the majority of the content on:
rapidshare
hotfile
orion
yousendit
uploading.com
Depositfiles
and a probably dozens of other similar cloud and file locker sites?

If anything, the content providers should be going after the users that upload the content, not the service providers themselves (as these sites do have legitimate uses).

They're trying to make an example of Megaupload, but they're pursuing the wrong folks, as usual.

anon6

@comcast.net

hmm

shouldn't the government be spending time on better things? the entertainment industry is in no danger of fading away or dying. its so pointless to waste taxpayer money on this.
stone12

join:2012-02-01
Brooklyn, NY

MegaUpload Users Try to Get Their Files Back

chances14, you must be dumb as a mule, you believe what ever government said, US government represent the corporation interest because of the legal bribe or so called campaign money.
wake up and smell the coffee for anyone who believe anything the government said.
chances14

join:2010-03-03
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Re: MegaUpload Users Try to Get Their Files Back

said by stone12:

chances14, you must be dumb as a mule, you believe what ever government said, US government represent the corporation interest because of the legal bribe or so called campaign money.
wake up and smell the coffee for anyone who believe anything the government said.

Believe what you want. I saw with my own eyes tons of movies and and shows located on megaupload servers using video search sites that had been on there for months

mutantbuoy

@comcastbusiness.net

CBS news is hardly a trust worthy news source

I would take anything from CBS news with a grain of salt. They're the same news organization that had Dan Rather on their staff.

Nuff said.
chances14

join:2010-03-03
Reviews:
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Re: CBS news is hardly a trust worthy news source

said by mutantbuoy :

I would take anything from CBS news with a grain of salt. They're the same news organization that had Dan Rather on their staff.

Nuff said.

I have seen the same emails quoted from numerous sources not just CBS And judging by dotcom's criminal past, it won't surprise me at all if the emails were real

Doctor Olds
I Need A Remedy For What's Ailing Me.
Premium,VIP
join:2001-04-19
1970 442 W30
kudos:18

Re: CBS news is hardly a trust worthy news source

said by chances14:

I have seen the same emails quoted from numerous sources not just CBS And judging by dotcom's criminal past, it won't surprise me at all if the emails were real

What criminal past? Care to details that past?
--
What’s the point of owning a supercar if you can’t scare yourself stupid from time to time?
chances14

join:2010-03-03
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Re: CBS news is hardly a trust worthy news source

»www.telegraph.co.uk/technology/9···oad.html

»global.christianpost.com/news/ki···d-67919/

Doctor Olds
I Need A Remedy For What's Ailing Me.
Premium,VIP
join:2001-04-19
1970 442 W30
kudos:18

Re: CBS news is hardly a trust worthy news source

From your links...

quote:
"my criminal records have been cleared, and I created a successful internet company that employs 100+ people."
--
What’s the point of owning a supercar if you can’t scare yourself stupid from time to time?
chances14

join:2010-03-03

Re: CBS news is hardly a trust worthy news source

Yup but my point is that he has been known to do shoddy things in the past and even though they are technically erased from the law, they still occurred
djlar

join:2009-04-23
799228

Other file sites

So if I peope put a copyrighted file, say on Carbonite, will the government close it for piracy?

Also as far as I know, Megaupload did policed the files and deleted copyright infringement files if detected..
willewonka

join:2012-02-15
Jacksonville Beach, FL

Re: Other file sites

Well, it looks like they didn't delete those copyright infringing files fast enough

Bit of a shame though, plenty of people were actually using Megaupload for legit reasons and for backing up their personal or work related stuff.

I guess it's pretty much not a great idea to exclusively rely on these cyberlockers without having backups to backups but still it's a pretty big loss for those people.
willewonka

join:2012-02-15
Jacksonville Beach, FL

1 edit

Megaupload alternatives

So any more news on this whole Megaupload filesharing deal?

Btw, I was looking into some good alternatives to Megaupload and some other stuff and I stumbled upon some interesting rumors on this.

Problem is I didn't manage to get that much info, just that some kind of new technology from audials.com will be the next big thing when it comes to safe alternatives to Megaupload and filesharing and this sorta things.

Got no idea what this new audials filesharing alternative to Megaupload and other such sites would be, but it sure seemed worth contemplating especially now that it seems them filesharing sites are dropping like flies.

Did you guys hear anything about this whole audials sharing tech deal?Got any idea what's that all about?
willewonka

join:2012-02-15
Jacksonville Beach, FL

megaupload

Never mind, found some info on that audials anywhere thing, if anyone's interested and has some use for this sorta programs.

It's actually some new audials light program that also acts like a personal media cloud for easy access to your files anywhere and for sharing media files with friends via invitations, audials anywhere was just the filesharing part of the program.

Anyway, since it's free to use figured it might be useful for someone else besides me.

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