Why do you think the evidence isn't preserved?

The FBI has gathered whatever evidence it requires. It no longer requires the original data. It's a fallacy that the original data is used for anything beyond making copies.

Once you have a copy, you make copies from a copy.

Why does a non-paying customer's customers have a right to say what amazon S3 (for example) does with their now spare capacity?

FBI has nothing to do with the deletion of data.

Anyone wishing to seek damages for loss of data or business would sue megaupload for their failure to maintain their service, however I wouldn't be surprised if in the small print of the contracts their customers agreed to, they offered zero guarantees over availability or uptime.

It's pretty simple really.

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