[Aardwolf]

o i c

Methinks you could have said all of that much more simply, and thus avoided this confusion.

[Grizzly]

Megaupload i'm pretty sure has something in their end user license agreement that says "if we lose your data, we're not liable"

lolno

Don't sue megaupload, sue the jerks who destroyed the data.

Great way to take out of context. My post had nothing to do with suing megaupload for all of the data that's about to go kaput. Someone didn't read the whole post. And yes, megaupload is not liable if it loses your data (go check up on that).

But is the FBI liable for losing someone elses data?

o i c

Methinks you could have said all of that much more simply, and thus avoided this confusion.

I had no problem understanding what he said, actually...

[Nuke]

Megaupload i'm pretty sure has something in their end user license agreement that says "if we lose your data, we're not liable"

lolno

Don't sue megaupload, sue the jerks who destroyed the data.

Great way to take out of context. My post had nothing to do with suing megaupload for all of the data that's about to go kaput. Someone didn't read the whole post. And yes, megaupload is not liable if it loses your data (go check up on that).

But is the FBI liable for losing someone elses data?

no, of course not.

[Aardwolf]

But is the FBI liable for losing someone elses data?

Yeah, or they ought to be.



I believe this summarizes the not-liable argument?

Megaupload users knew there was a risk of their files being lost but they used it anyway, so the FBI/DoJ isn't liable for causing it to become lost.

By that same logic:

You knew you were not bulletproof but you went for a walk outside anyway, so the person who shot you isn't liable for shooting you.

Edit in anticipation of a "strawman fallacy" accusation: If that's not what the argument was, then what was it?

[redsniper]

While I get what you're saying, I think in this case megaupload's legal :WORDS: probably say something like "by using our stuff you agree not to sue us if we ever lose your datas," whereas the law of the land doesn't say anything like "by going outside you agree that being shot isn't murder/assault/manslaughter." So on paper I think this is allowed, and it's foolish not to have backups, but yeah it is kind of ****ed that the users aren't getting any kind of chance to move their data somewhere else.

[S-99]

The fbi put everyone's data in a situation to be deleted. They are not actively deleting everyone's data. They could probably care less about the data megaupload hosted right about now. Everyones data getting deleted is an effect of putting megaupload staff in irons since they can't currently pay the bills for the leased servers they use which is why the data is getting deleted. The fbi was the cause of this definitely. But, you can't say that the fbi deleted everyones data because they didn't. The leased servers owned by god knows who will be deleting the data who knows when. When you don't pay the bills, things get turned off. This is just another sucky fact about megaupload staff being in irons right now.

If i ran a cyber locker. I would totally say that my service is not liable for losing data since cyber lockers do use a lot of third party servers to expand storage capacity. Third party servers are located geographically some where in the world tended to the people who set them up. I wouldn't want to be sued for losing data that was stored on a third party server that went down in an earthquake or whatever. That's why if i ran a cyber locker, i would say that my service is not liable for losing data.

Keeping backups of your data is another thing. Cyber lockers aren't supposed to be used for backing up. Anyone using them as backup storage are going to be screwed when servers go down, or if the cyber locker gets shut down.

[Bobboau]

why do people keep going to the 'you can't sue megaupload/megaupload has in their contract...' stuff, has anyone said that? I think it has been exclusively that the FBI should be sued.

[Nuke]

i think law enforcement agencies are exempt from being liable for damages that occur during the course of an investigation. because anyone suing law enforcement for monetary compensation is essentially suing the taxpayers.

[Bobboau]

I'm not saying you'd win, I'm saying I don't think anyone is suggesting suing megaupload.

[S-99]

why do people keep going to the 'you can't sue megaupload/megaupload has in their contract...' stuff, has anyone said that? I think it has been exclusively that the FBI should be sued.

What's in the contract matters big time for the cyber locker. It helps them save there ass. And it's not that contract would hold up in court. I'm not expecting it too. Using cyber lockers seems to me something that i would expect to be known by others, the possible risk of your data getting lost when using such a service (this would matter in court). Cyber lockers aren't a backup service, so they don't operate like one. Anyone who's only copy of whatever that is stored currently on megaupload is screwed. Otherwise, no one should be complaining; mirror the data you needed to share easily on another cyber locker in the mean time.

That's why i mentioned the whole megaupload not being liable for losing your data; people should sue the people who through effect got the data deleted (the fbi ****ing over megaupload in this case).

In which case, anybody suing megaupload over losing everyones data would be pretty unethical given megauploads current status. If megaupload weren't behind bars right now and lost some peoples data, i don't think it'd go very far because the person suing didn't think about risks of using what's not a backup service.

[Bobboau]

who has said the mega upload should be sued?
are you trolling me here?

[S-99]

No one did. I didn't even say megaupload should be sued. Rather i should be asking you suing for what?

I was going through why people shouldn't sue megaupload for deletion of their data. Because i'm sure there are some stupid harlequins out there who will try if say that they first sued the fbi with undesirable results. No, i'm not trying to troll you here.

[deathfun]

NOOOOOOOOOOOOO THEY'VE TAKEN PIRATEBAY
Well, the one they could

[Nuke]

NOOOOOOOOOOOOO THEY'VE TAKEN PIRATEBAY
Well, the one they could

not pirate bay! now il have to download my torrents from other trackers. really given the open nature of the torrent protocols i think it would be rather impossible to do a net wide shutdown of torrents. people would just set up their own trackers and so many clients exist that it would be impossible to shut down all the devs. should also point out that the pirate bay has gone down before and has resurrected many times.

[redsniper]

I think it's already back up, or so I heard.

[Aardwolf]

No one did. I didn't even say megaupload should be sued. Rather i should be asking you suing for what?

I was going through why people shouldn't sue megaupload for deletion of their data. Because i'm sure there are some stupid harlequins out there who will try if say that they first sued the fbi with undesirable results. No, i'm not trying to troll you here.

The only reason anyone (including myself and Bobboau) thought anyone was talking about suing Megaupload is because you brought up this business about them not being liable. It was a discussion about whether the FBI/DoJ should be sued (or at least, whether it would be amusing to watch it happen), and you came in and started talking about whether Megaupload could be sued.

[deathfun]

.se
I knew Pirate Bay would do something like that, but still.

[S-99]

The only reason anyone (including myself and Bobboau) thought anyone was talking about suing Megaupload is because you brought up this business about them not being liable. It was a discussion about whether the FBI/DoJ should be sued (or at least, whether it would be amusing to watch it happen), and you came in and started talking about whether Megaupload could be sued.

I don't think it matters too much who's going to be sued. That someone will get sued, most likely. So i went through both sides of it because i think it matters.

[sigtau]

http://gizmodo.com/5881860/feds-seize-300-domains-ahead-of-sundays-super-bowl

So, the feds are now taking a guilty until proven innocent approach to piracy, according to Gizmodo.

[Nuke]

nuke the government before its too late!

or better yet:

nuke for president!