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Carpathia Hosting Denies Having Any Megaupload Files

By - Source: Washington Post | B 14 comments

The January 21 shut down of Megaupload and the subsequent seizure of all files by the FBI has had a huge impact on a sizable portion of the Internet.

The feds have charged seven Megaupload executives - including founder Kim Dotcom, currently under arrest and fighting extradition to the US from New Zealand - with conspiracy to commit racketeering, conspiracy to commit copyright infringement and conspiracy to commit money laundering, as well as criminal copyright infringement. That's hard cheese for people who've made millions, supposedly, off the unauthorized distribution of copyrighted material, and it's likely they're all looking at serious jail time. But it isn't just alleged criminal actors that have been impacted. Millions of people stored files on Megaupload legitimately, files they'd like to get back. 

Whether they can or not is, however, in doubt. On Friday, the US Department of Justice issued a letter, written by U.S. District Attorney Neil MacBride, confirming they were finished looking over the data stored on Megaupload. "It is our understanding" the letter says, "that the hosting companies may begin deleting the contents of the servers beginning as early as February 2, 2012". The hosting companies, the letter asserts, are Cogent Communications and Carpathia Hosting. That is apparently news to Carpathia Hosting, who took umbrage with being mentioned in the letter and issued a statement to their website clarifying things. In short, they have no idea what the DOJ is talking about.

"In reference to the letter filed by the U.S. Department of Justice with the Eastern District of Virginia on Jan. 27, 2012," the statement reads, "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." That's a rather definitive denial. Furthermore, Carpathia questions the deadline handed down by the feds, implying strongly that it is entirely arbitrary. "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."

So there you have it. They do not have your data. Unfortunately, no one seems to know for sure who does. The Washington Post reports that Megaupload's attorney, Ira Rothken, could not be reached for comment, and the DOJ has only copied a portion of what they examined. Perhaps this incredible profile of Megaupload founder Kim Dotcom might yield some clues, but if the data isn't found in two weeks, it might be lost forever.

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  • 8 Hide
    Anonymous , February 1, 2012 7:27 PM
    I think the article assumes claims not made.

    "Carpathia Hosting does not have, and has never had, access to the content on MegaUpload servers "

    "access to the content" is not the same as "content not on our servers".
  • 2 Hide
    ThisIsMe , February 1, 2012 8:03 PM
    JerryInTampa81372I think the article assumes claims not made."Carpathia Hosting does not have, and has never had, access to the content on MegaUpload servers ""access to the content" is not the same as "content not on our servers".

    Well, I guess that would imply that they don't have access to the content on their own servers, which is just a stupid assumption. And you're claimed this article assumes too much. lol
  • 2 Hide
    house70 , February 1, 2012 8:06 PM
    JerryInTampa81372I think the article assumes claims not made."Carpathia Hosting does not have, and has never had, access to the content on MegaUpload servers ""access to the content" is not the same as "content not on our servers".

    Yeah, it's the same. If they NEVER had access to Megaupload's servers, they could not have that content on their own servers. How do you transfer content from Megaupload if you never had access to Megaupload, when a third party is not mentioned (to intermediate file transfers)? Hocus-pocus?
    If you have a server at home, and I don't have access to it, there is no way I could have content from your server, unless there was a third party involved; that is not, and has never been mentioned in this case. Enough speculations around this. I say Fed's case for Carpathia doesn't hold more water than a strainer.
  • -6 Hide
    zybch , February 1, 2012 8:13 PM
    God, THGs writers (well at least one of them) clearly need to go back and complete grade school.

    Carpathia DO have the data, they just don't have any way to access it in any meaningful way.
    MU had a contract with Carpathia (and others) to provide server storage space.
    Carpathia had no dealings with users directly, instead dealing directly with MU.
    MU, thanks to the lockout of their funds, can no longer pay Carpathia for the service, so;
    Carpathia, having not been paid are free recover the space on their servers that MU leased.
    Idiots who used MU and never kept local backups are fucking tools who deserve to lose all their stuff.
  • 0 Hide
    koga73 , February 1, 2012 8:42 PM
    should have had access to the servers so they could take the pirate bay approach and move them all to a different country
  • 2 Hide
    kinggremlin , February 1, 2012 9:31 PM
    zybchGod, THGs writers (well at least one of them) clearly need to go back and complete grade school.Carpathia DO have the data, they just don't have any way to access it in any meaningful way.MU had a contract with Carpathia (and others) to provide server storage space.Carpathia had no dealings with users directly, instead dealing directly with MU.MU, thanks to the lockout of their funds, can no longer pay Carpathia for the service, so;Carpathia, having not been paid are free recover the space on their servers that MU leased.Idiots who used MU and never kept local backups are fucking tools who deserve to lose all their stuff.



    Thank you. Though some of your details are inaccurate, the overall point you made is correct. Carpathia has never deinied having content from Megaupload, they are saying they don't have a way to access the data to recover it for legitimate users yet. THG really needs to hire some better news people. This section has become an embarrassment for the site. Here is an article from the Washington Post with accurate information about what is happening:

    http://www.washingtonpost.com/business/economy/carpathia-no-immediate-plans-to-delete-megaupload-data/2012/02/01/gIQA1UnvhQ_story.html

    "Carpathia Hosting, the company that has some of the data from the shutdown file-sharing site Megaupload, said Wednesday that it will not delete user information from its servers without notifying people at least seven days in advance. The company also said that it has no plans to delete the data in the immediate future."

    That certainly sounds like they have MegaUpload data on their servers.

    “Carpathia Hosting has no immediate plans to reprovision some or all of the Megaupload servers. This means that there is no imminent data loss for Megaupload customers. If this situation changes, Carpathia will post a notice at least 7 days in advance of reprovisioning any Megaupload servers at http://www.Carpathia.com and http://www.MegaRetrieval.com,” Brian Winter, Chief Marketing Officer at Carpathia, said in a statement.


    That's an awfully odd way of "denying having any MegaUpload files" like this THG news post claims.
  • 1 Hide
    danielravennest , February 1, 2012 9:38 PM
    They may have a big box of files, but without an index of which accounts own what data, they don't have a way to give access to the right people. The account data is likely to be protected in some way.
  • 2 Hide
    ThisIsMe , February 1, 2012 10:36 PM
    This article is in reference to a statement posted to http://www.carpathia.com/ which reads as follows.

    "Dulles, Va. – January 30, 2012 – 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."

    Here is the link:
    http://www.carpathia.com/carpathia-hostings-statement-on-recent-news-reports
    Here is the PDF:
    http://www.carpathia.com/assets/files/CarpathiaStatement13012.pdf

    The way their setup worked was that MegaUpload.com leased servers, space for the servers, and an internet connection for these servers from Carpathia Hosting and during the terms of the contract MegaUpload.com wholly owned and controlled these servers and Carpathia Hosting had and still has no access to these servers or data. They issued this statement so that they wouldn't get blasted with emails and phone calls from angry people wanting their data back.

    Now, after this they recently updated their statement to this.
    "“Carpathia Hosting has no immediate plans to reprovision some or all of the Megaupload servers. This means that there is no imminent data loss for Megaupload customers. If this situation changes, Carpathia will post a notice at least 7 days in advance of reprovisioning any Megaupload servers at www.Carpathia.com and www.MegaRetrieval.com,” said Brian Winter, Chief Marketing Officer at Carpathia.

    Carpathia continues to recommend that Megaupload users seeking to retrieve their data contact Electronic Frontier Foundation (EFF) for assistance by visiting www.MegaRetrieval.com.

    Please continue to visit www.Carpathia.com or www.MegaRetrieval.com for updates.
    "

    This says basically the same thing only in a nicer way and has a linked reference to www.MegaRetrieval.com so they can direct otherwise upset people looking for their files to there instead.

    So in short, yeah they still don't have nor have they had any of MegaUpload's files on any of their servers since they did not and still do not technically own, access, or operate those servers.
  • 1 Hide
    kinggremlin , February 2, 2012 2:20 AM
    Quote:
    The way their setup worked was that MegaUpload.com leased servers, space for the servers, and an internet connection for these servers from Carpathia Hosting and during the terms of the contract MegaUpload.com wholly owned and controlled these servers and Carpathia Hosting had and still has no access to these servers or data.


    What? The bolded parts are mutually exclusive actions. You cannot own something and lease it at the same time. Well, technically you could, but that would be like charging yourself rent to live in your own house which you've paid off in full. It would make no sense whatsoever. Megaupload was leasing servers from Carpathia who owned them. If the conditions of the lease are broken, Carpathia is free to retake control of the servers which at this point they have. The problem now is that Carpathia has no way of accessing the data that is on the servers even though they have control of them again.
  • 2 Hide
    martel80 , February 2, 2012 4:50 AM
    It's possible that MegaUpload's data is on their hard drives/machines but without understanding the data organization (encryption?) used by MegaUpload's server software (which they have no right to use), they cannot retrieve any meaningful data.
  • -1 Hide
    demonhorde665 , February 2, 2012 6:13 AM
    WHY for the love of GOD was mega upload even targeted as a "pirate" site by the FBI. i'm serious , online colleges (mine included) oftened refered students to it as a way to post up work if they had issues uploading to the school site. I doubt the school would have been sucha proponent of us using the site if it was mostly a pirated site. i think in the case of mega upload teh legit users likely FAR FAR exceeded the number of pirate users. i my self have used megal upload for some school files , only reason i'm not pitching a fit myself is becasue i also ahve the stuff on back up disk .. but still FU-K you uncle sam
  • 0 Hide
    wild9 , February 2, 2012 2:26 PM
    Quote:
    On Friday, the US Department of Justice issued a letter, written by U.S. District Attorney Neil MacBride, confirming they were finished looking over the data stored on Megaupload.


    Wow, what rat-like efficiency. All you have to do now is assist in auditing the Federal Reserve, and looking into the missing money. Shall we expect that this site of the century?
  • 1 Hide
    __-_-_-__ , February 2, 2012 2:31 PM
    I'm about to contract lawyers to take action against the us government over personal data lost. I want my data back.
  • 0 Hide
    deadgargamel , February 2, 2012 6:00 PM
    The guy's name is Kim Dotcom? For real?? That's crazy, people would kill for this name. He's destined to make money off the internet!
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