[epoxyhockey]

If a file resides on a server, but has no access to the outside world, does the file still exist? When you delete a file, it is still technically retrievable even though your OS leads you to believe otherwise. The whole discussion on hashing and fingerprinting is irrelevant. Youtube could do the same thing, but they don't either.

Also, those leaked emails, as you call them were actually emails that the feds obtained from MU's mail server, probably via warrant. Those emails were used as the foundation of the indictment that was later presented to a grand jury. So, there is a huge question as to what probable cause the feds had to search MU's mail server in the first place, given that MU was complying with the DMCA safe harbor provision. MU appeared to only honor DMCA requests that came from legitimate parties; the email snippit claiming that they ignored a request from Mexico does not state the name of the entity that made that request, probably because it was made by a guy named Jose from an aol.com account.

Anyway, this whole case is going to dissolve in front of the prosecutors' faces on Thursday when any trace of offending material is deleted do to discontinuation of service from Cogent & Carpathia. Dr. Evil appears to always get away with it.

[res0nat0r]

http://www.slashgear.com/megaupload-host-denies-data-delete-...

From a Carpathia rep: “In reference to the letter filed by the U.S. Department of Justice with the Eastern District of Virginia on Jan. 27, 2012, Carpathia Hosting 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 reference to the Feb. 2, 2012 date in the Department of Justice letter for the deletion of content is not based on any information provided by Carpathia to the U.S. Government. We would recommend that anyone who believes that they have content on MegaUpload servers contact MegaUpload. Please do not contact Carpathia Hosting”

[powertower]

> If a file resides on a server, but has no access to the outside world, does the file still exist?

When there are 100 more links to it? Yes. It exists.

> So, there is a huge question as to what probable cause the feds had to search MU's mail server in the first place, given that MU was complying with the DMCA safe harbor provision.

The rest of your post is one assumption after the other, that goes against what is reasonable to assume based on everything we've witnessed in this case.

[epoxyhockey]

I guess I should have prefaced my last post by saying that I'm looking at the whole case from a legal perspective.

There is no question in my mind that MU thrived by appearing to comply with the DMCA, while encouraging illegal use of its service.

However, if the gov't wanted to really send these guys to jail for a long time, they appear to have screwed up the foundation of their case pretty well. If the initial search of the MU mail server was not found to be valid, the feds lose. If Cogent & Carpathia delete all of MU's data (i.e. evidence) and the feds can't prove in court that offending material existed, the feds lose. It's turned into a real mess from a prosecution standpoint. No wonder Kim pleaded not guilty instead of taking a plea bargain.