Thanks to a faithful reader "Scott" who brought this to our attention.
In an Arizona case, Atlantic v. Howell, the Court, after finding that defendant had "repeatedly" and "willfully" destroyed evidence necessary to a determination of the case on the merits, struck the defendant's answer and entered a default judgment in favor of the plaintiffs.
Fred Von Lohmann of the Electronic Frontier Foundation was quoted in Ars Technica as saying "He never had an adequate opportunity to explain what happened on his PC, while the RIAA had forensics experts and lawyers to tell the story.... I think if Howell had an expert and lawyer to speak for him, he would have told a different story."
August 29, 2008, Order striking defendant's answer and granting default judgment to plaintiffs
Found via Ars Technica.
Ed. note. 9/2/08
[I've uploaded exhibit A to the RIAA's 'spoliation' motion, the June 21, 2006, letter. Note that in the very same paragraph (last bullet paragraph on page 2) in which the RIAA lawyers requested Ms. Howell to "preserve evidence" and not to delete the peer-to-peer file sharing programs, it also instructed her to "stop them from operating". It is my understanding that many people are unable to "stop them from operating" without deleting them, and that the FastTrack programs such as Kazaa and iMesh were specifically designed to prevent users from 'stopping them from operating'. -R.B.]
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