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It's been more than five years since the government accused Megaupload and its founder Kim Dotcom of criminal copyright infringement. While Dotcom himself was arrested in New Zealand, US government agents executed search warrants and grabbed a group of more than 1,000 servers owned by Carpathia Hosting.
That meant that a lot of users with gigabytes of perfectly legal content lost access to it. Two months after the Dotcom raid and arrest, the Electronic Frontier Foundation filed a motion in court asking to get back data belonging to one of those users, Kyle Goodwin, whom the EFF took on as a client. Goodwin ran OhioSportsNet, and he used Megaupload to store the digital video he recorded of high school sports games. He paid €79.99 ($87.49) for a two-year premium subscription.
Years have passed. The US criminal prosecution of Dotcom and other Megaupload executives is on hold while New Zealand continues with years of extradition hearings. Meanwhile, Carpathia's servers were powered down and are kept in storage by QTS Realty Trust, which acquired Carpathia in 2015.Now the EFF has taken the extraordinary step of asking an appeals court to step in and effectively force the hand of the district court judge. Yesterday, Goodwin's lawyers filed a petition for a writ of mandamus (PDF) with the US Court of Appeals for the 4th Circuit, which oversees Virginia federal courts.
'We’ve been asking the court for help since 2012,' said EFF attorney Mitch Stolz in a statement about the petition. 'It’s deeply unfair for him to still be in limbo after all this time.'
Digital property
In the petition, the EFF sketches out the vast delays in the case. In 2012, the district court asked for further briefing about how to proceed with Goodwin's issue. But the judge never held an evidentiary hearing on the matter and never ruled on Goodwin's motion. Goodwin filed an additional brief in January 2013 and sent letters to the district court in Virginia in July and December of that year.
In 2015, proceedings on the matter kicked up again when QTS, the successor to Carpathia, told the district court it needed relief from the ongoing expense of maintaining the seized hard drives in its climate-controlled warehouse. QTS lawyers said the parties should either take possession of the hard drives, compensate QTS for storage, or allow QTS to delete and re-use the drives.
The district court again took written statements from the parties and ordered them to meet and negotiate over the matter. Goodwin again asked for access to his data, but 'the government again denied any responsibility' for setting up a process to offer users their data back, according to the EFF petition. Goodwin asked again in October 2016, but the judge never made a ruling.
The files on Megaupload should have just been backups for Goodwin, but unfortunately he experienced a hard drive failure just days before the 2012 Dotcom arrest. That means the 'backup' files on Megaupload are the only copies available for some of his material. In addition to losing video that he provided to parents of their kids' sports achievements, he's been unable to complete a documentary he was making about a girls' soccer team in Strongville, Ohio. OhioSportsNet also lost its promotional videos and other news packages.
The petition says it's time for the appeals court to order the lower court to take action, citing case law that states mandamus is appropriate 'where a district court persistently and without reason refuses to adjudicate a case properly before it.'
Setting up a process to return 'valuable digital property' to Goodwin and other former Megaupload customers will nudge the government to consider others' rights when they're seizing assets, the petition concludes.
That's more important than ever as government efforts to fight computer crime enter the age of cloud computing, says EFF Legal Director Corynne McSherry.
'If the government takes over your bank, it doesn’t get to keep the family jewels you stored in the vault,' McSherry wrote in the case statement. 'There’s a process for you to get your stuff back, and you have a right to the same protection for your data.'
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Call of Duty: Black Ops places you in control of Alex Mason, a fighter amidst a merciless cross examination on account of the Studies and Observations Group, who are hunting down the area of a strange numbers station, integral to the plot of the diversion. As Mason answers each of the inquiries, flashbacks take you back so as to remember a holding line of the story that happens somewhere around 1961 and 1968 in war-torn areas, for example, Cuba, Vietnam and Russia.
Honorable obligation: Black Ops likewise highlights an elite player Hollywood cast giving their vocal gifts to a portion of the diversion's key characters including Avatar's Sam Worthington, The Rock's Ed Harris, rapper Ice Cube and The Dark Knight's Gary Oldman as Viktor Reznov, a character that showed up in Call of Duty: World at War on PC.
Obligation at hand: Black Ops includes a convincing story, as well as an amazingly imaginative, intriguing and brave first individual shooter that will have you snared from the minute it starts up on your PC with you controlling Alex Mason in a cross examination seat being compelled to uncover all that he thinks about top-mystery missions. One minute you will end up chasing foe troops in the wilderness front lines of Vietnam, before being pushed into a rapid motorbike pursue in a colossal military compound. It is quick, irate and activity stuffed through and through simply like each Call of Duty diversion that has preceded it.
Controlling Mason is straightforward, and ought to feel well known to players who have fiddled with the Call of Duty arrangement on PC preceding. You travel through each of the situations utilizing the left stick, and glance around with the right stick. When you have a weapon close by, discharge it by holding down the catch. For a more exact pointing view, hold down the catch. It is much less demanding to hit your objectives while discharging along these lines, else you wind up showering shots in all headings and risk dying all the more often in fight. Bricklayer has a skirmish assault that can be performed by squeezing the fasten when near an adversary. It is a quick and fatal blade assault that takes out a foe right away, so ought to dependably be utilized on the off chance that you wind up as a part of a tight spot.
There is a gigantic scope of weaponry in Call of Duty: Black Ops, all of which you will find the opportunity to wield at some point. Weapons range from guns, shotguns, little firearms, sub-assault rifles, shotguns and rocket launchers to a progression of fatal explosives, all of which can be utilized as a strategic favorable position when arranging assaults on foes. And also a very much loaded stockpile you will likewise find the opportunity to pilot a gunboat and even take flight in a helicopter amid a challenging break from the insides of Vietnam.
If you are about to download Call of Duty: Black Ops you should check system requirements first of all and compare it with your PC to be sure that game will work out! Least requirements: System: Windows XP Processor: Intel Core 2 Duo @ 2.4 GHz or AMD Athlon 64 X2 4800+ Memory: 2 GB RAM Graphics Card: nVidia GeForce 8600 or ATI Radeon X1950 DirectX: Version 9.0c Capacity: 12 GB accessible space Prescribed requirements: System: Windows 7 Processor: Intel Core 2 Duo @ 3.0 GHz or AMD Phenom II X3 @ 2.8 GHz Memory: 3 GB RAM Graphics Card: nVidia GeForce 9800 or ATI Radeon HD 4850 DirectX: Version 9.0c Capacity: 8 GB accessible space |
MAIN FEATURES OF THE GAME: The most up to date portion in the greatest activity arrangement ever and the subsequent meet-up 2009's blockbuster Modern Warfare 2. With access to selective weaponry and gear, your activities will tip the parity amid the most hazardous day and age humankind has ever known. With an epic battle story loaded with the heart-hustling activity and a mark multiplayer that lone Call of Duty conveys, the main thing you can depend on is that on the off chance that you are murdered or taken alive, your nation will deny all information of your presence. Survive an alarming Siberian zombie assault in Call of the Dead and play four dangerous maps - Hotel, Zoo, Convoy and Stockpile - as a major aspect of Call of Duty: Black Ops Escalation. Beat a way out of a zombie-invaded wilderness in Shangri-La and play the Silo, Hangar-18, Drive-In and Hazard maps in Call of Duty: Black Ops Annihilation, downloadable from PlayStation Store. An epic battle and story that takes you to an assortment of areas and clashes everywhere throughout the world where you will play as a first class Black Ops officer in deniable operations where on the off chance that you are gotten, caught or murdered, your nation will deny all information of your presence. |
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