Different issue than I thought from reading the excerpt of the OP in this thread

http://news.cnet.com/8301-31001_3-57...e-out-of-luck/

Quote:

["T]he 'innocent user' concerns articulated by Carpathia -- and expanded upon in the supporting brief of Kyle Goodwin -- appear to be undermined by MegauUpload.com's own terms of service," MacBride wrote. Users were cautioned "not to keep the sole copy of any document on MegaUpload.com, and stated that MegaUpload.com's duty to preserve data ends when, at its sole discretion and without any required notice, MegaUpload.com ceases operations. While Mr. Goodwin's situation is unfortunate, it is not a matter to be resolved as part of the criminal case." ...

Seems the Government is not in possession and they say they don't want the data. However, they are in possession of the megaupload funds and won't release any for the purchase of the servers by megaupload.

Well, it was megaload's published TOS wasn't it? The data was stored on that basis and megaupload has ceased operations ... Next time read the TOS Users were cautioned "not to keep the sole copy of any document on MegaUpload.com