Posted by Ed Mc on 12/22/07 13:17
> on Wednesday 19 December 2007 06:08 am, someone posing as Tester took a rock
> and etched into the cave:
>> On Wed, 19 Dec 2007 04:45:27 -0800 (PST), Modemac <email@example.com>
>>> California rules against TorrentSpy, saying its policy of deleting
>>> users' IP addresses was "willful destruction of evidence:"
>> First, it was a Federal judge in California, not a California judge.
>> Also, the ruling seems not to have been not so much a ruling on the
>> facts of the case as a ruling on the contempt of Torrent Spy for the
>> legal process which is a very good way to anger a judge. The MPAA
>> obtained a discovery order and, according to the ruling, Torrent Spy
>> purposefully destroyed evidence. Of course, now the MPAA may be able
>> to argue that "well, we don't have the evidence - the defendant
>> destroyed it and thus acknowleged guilt" and win on that basis.
> Yep - the company can be held liable for destroying evidence if they did so
> after being aware of the lawsuit.
> However, that's it. There's no further action, AFAIK.
> So Sorry.
> Too bad.
I don't see a problem here. The CIA can destroy
evidence when the Congress wants to see it.
[Reply to this message]