Kim Dotcom has recently claimed that the American government has indirectly “plant” evidence which led to the whole masquerade in the MegaUpload case. In response, the US government denied all of those allegations.




Actually, Dotcom’s claim doesn’t insist that the US government planted illegal files on MegaUpload servers. Instead he pointed out that they instead “forced” MegaUpload to keep the copyrighted files and use them in later investigation against NinjaVideo.

The US government claimed that Kim’s allegations were irrelevant and based on unfounded assertions about imagined infringements of its rights as a criminal defendant. They point out that while the former cyberlocker alleges that the government forced it to retain copyrighted files on its servers, it never cited a single communication between them or a single instruction.

It means that the US government didn’t contact MegaUpload in order to get help with the aforementioned investigation. The truth is that it instead went to Carpathia – MegaUpload’s hosting firm.

According to the brief filed by Dotcom’s lawyers this January, Carpathia Hosting was informed by the government that about 40 pirated files were hosted on MegaUpload’s servers. Then, the cyberlocker received no instructions on whether to keep or remove the content – instead, it was led to believe the files must be kept.

Still, Kim Dotcom insists that the obtained warrants that finally led to the service’s demise were based on those infringing files. The government disagrees, saying that the search warrant in question included other, substantial evidence of criminal intent on the part of the cyberlocker. For example, paragraphs 13 and 15 of the search warrant affidavit explained how the cyberlocker affirmatively concealed the presence of pirated files on its site. In addition, conspiracy ignored takedown notices made for some illegal files, personally uploaded illegal files to the site, and selectively eliminated links without eliminating pirated files. Since each of the individual defendants was employed by the corporate defendant, what they’ve done is attributable to MegaUpload.

Still, Kim’s lawyers filed a motion to contest the validity of the warrants, presenting their own view on the measures and conduct adopted by the US government in their case.