Litigation is a machine which you go into as a pig and come out as a sausage - Ambrose Bierce, allegedly
THE LEGAL TEAM REPRESENTING Kim Dotcom's Megaupload is petitioning to preserve any data still belonging to its users on captured hosted servers.
Last month the firm revealed that Leaseweb, one of its hosts, had deleted the data it was holding, and accused it of acting underhandedly.
Leaseweb countered by saying that it acted with complete transparency, but Megaupload and Kim Dotcom dispute this.
While that gets worked out, Megaupload's legal eagles have asked the US District Court to restart discussions on the future of the 1,000+ Carpathia servers.
"The destruction of the Leaseweb servers demonstrates the urgent need to reach a workable solution for data preservation as soon as possible, lest the 1,103 servers currently in Carpathia Hostings possession meet the same fate," said the letter, a copy of which has been posted to the Rothken law firm's website.
"We therefore respectfully urge the Court to reconvene the interested stakeholders and renew negotiations as quickly as the Courts schedule permits."
While the letter criticised Leaseweb for its actions, it also blames the US government, saying that it too is culpable.
"While Leaseweb's deletion of relevant evidence in the face of explicit preservation requests is inexcusable, the United States is equally culpable. The Government was plainly on notice of the need to preserve the Leaseweb servers," added the letter.
"As Megaupload has long maintained, by freezing the Defendants' assets and denying Defendants access to or possession of the servers, the Government has exercised de facto control over the servers and is therefore in constructive possession of them." µ
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