In Arista v. Tschirhart, in San Antonio, Texas, the judge awarded judgment to the RIAA because the defendant -- in violation of a court order directing her to produce her computer's hard drive for inspection -- had the hard drive "wiped" first, thus deleting song files that had been downloaded. The court noted that this "wiping" irreparably prejudiced the RIAA because the only evidence it had without the hard drive was "scant and piecemeal".
August 23, 2006, Order Granting Default Judgment*
Commentary: Frankly, I didn't see ANY evidence in the court's decision that DEFENDANT did it. I think she had teenage and adult children who may have done it. Why should she be punished because of something they may have done? The judge takes a pretty big leap from the fact that it was done to the unsupported conclusion that it was the defendant who did it.
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* Document published online at Internet Law & Regulation
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