CLOUD STORAGE ENTREPRENEUR Kim Dotcom wants to sue Leaseweb, the hosting firm that he claims unfairly deleted Megaupload data.
Although Leaseweb claimed that it had no contact with Dotcom about the Megaupload data, Dotcom said that the opposite is true, and has provided website Torrentfreak with a copy of an email that Megaupload sent to the firm.
"Megaupload continues to request that Leaseweb preserve any and all information, documentation and data related to Megaupload - as destruction by Leaseweb would appear to be in violation of amongst other things the applicable civil litigation data preservation rules and would interfere with evidence in a criminal matter[...]," said the letter signed by Megaupload lawyer Ira Rothken.
"In addition, the Mega data on the servers at Leaseweb contain private and sensitive customer data and is subject to applicable privacy and data retention laws. Megaupload is negotiating with the United States to discern feasibility of consumer data access and the conditions for the same."
Dotcom told Torrentfreak that he is ready to take the next step, and said that legal action is being contemplated.
Alex de Joode, senior regulatory counsel at Leaseweb has responded to Dotcom's claims, and provided a timeline of events according to the hosting firm.
"The legal team of Megaupload says they did place a request showing interest in retaining the data last year, in contrast to our version stating that for almost a year we did not receive a request for access or any request to retain the data of Megaupload," he said.
"Leaseweb B.V. is aware of the email that Megaupload refers to, and points out that the mentioned email does not change our side of the story or the fact that Leaseweb has exerted every reasonable and lawful effort to keep the Megaupload data alive."
According to the timeline Leaseweb has been warning of deletion since the spring of last year, and has sent Megaupload a decent number of notifications. It appears that the firm has only been contacted twice, once by Megaupload and once by the Electronic Frontier Foundation.
"Regardless of receiving no response from Megaupload, and its failure to provide us with the reasonably required information, Leaseweb B.V. decided to continue to store the servers and to retain the data thereon for almost a year (until February 4, 2013); even though Leaseweb B.V. was under no legal obligation to retain the data, and that Leaseweb B.V. did not receive any compensation for its efforts," added de Joode.
"As part of the termination of the contract, Leaseweb asked Megaupload to come up with a lawful proposal to acquire the dedicated servers from Leaseweb. Unfortunately, Megaupload never did submit a lawful proposal." µ
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