MegaUpload would like to gain access to its seized servers in order to collect evidence to prove the innocence of the accused MegaUpload employees. However, officials will not release the $1 million dollars required to do so, hence the claim that the feds are impeding the defense of MegaUpload. "It's hard to reconcile the chain of events in this matter with any other conclusion," Rothken said. "MegaUpload is frustrated and wants to preserve the data for litigation and to defend itself and ultimately -- with the approval of the court -- to provide consumers access to their data."

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According to MegaUpload's lawyers, there is no criminal copyright infringement statute in the United States, so if the US get the extradition they are requesting, MegaUpload will be successful in its defense. MegaUpload's lawyers are trying to prepare for the extradition defense, but are unable to because they don't have access to the e-mails, documents, and files on the servers which they claim will refute the charges.

MegaUpload's lawyer negotiated a deal with Carpathia, MegaUpload's host, to buy the servers for a little over $1 million but the government again refused to release the money. "As we've stated previously," the spokesman wrote, "we continue to give careful and thoughtful consideration to any reasonable and detailed proposal by MegaUpload's counsel that addresses the practical and technical issues of this matter for the court. Ultimately, it is the court that will decide what is appropriate and whether any funds will be released to carry it out."