While Megaupload made efforts to curb abuse of its service, it recognized a competing obligation to its users who legitimately use[d] the service to store their own copies of copyrighted material. For example, a music file that was purchased or covered by fair use and uploaded by a user for the purpose of “space shifting” (where media files stored on one device are accessed by the owner from another device) would look the same to Megaupload's automated processes as a music file to which the user had no legal right.

This obligation to its users who had a legal right to the files they stored presented an ongoing problem because the company was committed to ensuring that there was a proper and legitimate basis to require a data file to be removed. As a result, where a user was subject to a proper and specific take down notice for their unique link or URL, that user’s link to the file in question was taken down or broken.

The DMCA recognizes such complexities when it declares that Service providers (such as Megaupload) are not required to “monitor its service or affirmatively seek out facts indicating infringing activity,” 17 U.S.C. § 512(m)(1).