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Wow, if this is true you could call it a MegaFail by the US Justice Department.

Am I the only one that finds the use of the word ‘Mega Conspiracy’ in the indictment utterly inappropriate and childish?




No you are not, I think the same. Now about letting the files be deleted, this is good and bad, legitimate users will lose their data (obviously bad, but not knowing the rules of the storage I'm not sure), evidence will be destroyed (good for pirates, bad for the prossecution, about the defense I'm not sure)


Only legitimate users who did not keep a local copy of their files will lose their data...

Unfortunately Google cache has stopped serving the MU terms of service, but this link still has them: http://www.scribd.com/doc/78876728/Megaupload-Condiciones-de... and there it says:

"No Warranty

You expressly understand and agree that: (a) your use of the Service is at your sole risk. Megaupload Services are provided on an "as is" and "as available" basis. Megaupload and its suppliers, to the fullest extent permitted by law, disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Megaupload and its suppliers make no warranties about the accuracy, reliability, completeness, or timeliness of our Services, software, or content; (b) Megaupload makes no warranty that (i) the Service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free,(iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the software will be corrected; ..."


Just becasue something is in the ToS does not make it enforceable or legal, this usually applies when the Terms are sufficiently unfair or too broad, I would not knwo the specifics here but the point remains that just because they details it in the ToS/Terms and Conditions does not make it binding. I am sure that someone who had a premium account (i.e. paid for a service) that lost significant data could pursue a legal claim with a suitably friendly legal team, i.e. happy to take a punt in return for a share fo significant damages.


As if anyone read the ToS.


Agreed, nobody did, but everybody is screaming bloody murder now it seems...


The "conspiracy" language may be related to the RICO charges; if the DOJ can't prove who did what they'll just try to charge everyone with everything under RICO.




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