1) According to previous news of this, the FBI did not explicitly tell MU to preserve the files, they simply told MU not to interfere. After the NinjaVideo case

1) According to previous news of this, the FBI did not explicitly tell MU to preserve the files, they simply told MU not to interfere. After the NinjaVideo case was closed, MU emailed the FBI about what to do with the evidence, but received no reply.