A Megaupload user who legitimately stored his data on the file-sharing website is fighting to get his data back in a legal first.

Ohio videographer Kyle Goodwin lost his files when Megaupload was shut down in January following the Auckland raids on its founder, Kim Dotcom.

The Electronic Frontier Foundation has taken the case on behalf of Mr Goodwin, and a US District Court judge will set a hearing date once lawyers for both sides file briefings for the case next week.

One of the Foundation's lawyers, Julie Samuels, told Radio New Zealand today the case had been before the courts for months and they hoped to have it completed as soon as possible.


"It is pretty straight forward ... There are some logistical concerns about how you actually get the data off the servers, how you identify the data, but we think this is the US Government's responsibility and something the US Government should have taken into account when it seized all of Megaupload's assets and executed the search warrants on those servers.''

The Foundation is representing only Mr Goodwin, but Ms Samuels said there could be "millions'' of users in the same position.

"There are innocent third party users who did not breach the law, and they would like their stuff back.''

The type of hearing the Foundation was wanting was unprecedented in America.

Ms Samuels said Mr Goodwin, Carpathia, the company which owns the servers in America, and Megaupload were willing to work together to get the data back, but it was the Government which was standing in the way.