The court won't intervene on behalf of users who've had their files locked up ever since the Megaupload raid

May 9, 2017 18:23 GMT  ·  By

Megaupload users are fresh out of luck after the Appeals Court denied a request made by a former user to intervene and get authorities to allow people to retrieve their data from the seized servers. 

More than five years ago, Megaupload was raided and servers were seized by authorities. Ever since then, there's been a constant struggle over who gets to look through those files, with no real result.

As the data remains untouched under lock and key, more and more users are becoming annoyed that their personal files are out of reach, even after so many years have passed, especially since most are concerned about original files, not something they can get anywhere else.

Kyle Goodwin took it to the courts asking the judge to intervene and allow him, and others in the same situation, to gain access to their personal files. Goodwin operates a sports video company in Ohio and Megaupload was used as part of his business, a way for him to store large videos he created himself, TorrentFreak reports.

A long battle

He's spent years in court already, especially since his first demand to get access to his content came months after the raid. He's backed by the Electronic Frontier Foundation (EFF), as well as the Williams Mullen law firm and Stanford's Hoover Institution. Unfortunately, the decision wasn't in his favor this time around either.

"Although, as Mr. Goodwin points out, his motion for return of property has been pending for a significant period of time without decision, we do not find on this record that the district court has refused to adjudicate the matter. [...] Accordingly, the petition for writ of mandamus is denied without prejudice," the Appeals Court wrote.

While the Appeals Court can intervene in cases where a District Court refuses to make a decision without good reason, the judge did not find it to be the case here.

Goodwin isn't giving up, however. TorrentFreak quotes EFF Senior Staff Attorney Mitch Stoltz who said they would continue their efforts to return the data. "We're disappointed that the appeals court refused to step in to get this case moving. Kyle Goodwin and many others have been waiting five years to get their data back, and soon it might be un-recoverable. We will continue asking the district court to act on Mr. Goodwin's request," Stoltz said.