RIAA wins P2P case after defendant reformats hard drive
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Saved by 3 people (0 private), first by anonymouse user on 2008-08-27
- Ericwalker on 2008-08-27 - Tags General
- Plagiarismtoday on 2008-08-27 - Tags 74 , riaa , lawsuit , howell
- Kaplanmyrth on 2008-08-27 - Tags copyright , p2p , riaa , court , law , evidence
Public Sticky notes
"Defendant's intentional spoliation of computer evidence significantly prejudices Plaintiffs because it puts the most relevant evidence of their claim permanently beyond their reach," argued the RIAA. "The deliberate destruction... by itself, compels the conclusion that such evidence supported Plaintiffs' case."
Highlighted by kaplanmyrth
on 2008-08-27 by kaplanmyrth
Spoliation exists as a legal doctrine in Canada too -- if evidence is destroyed in bad faith in a civil (ie not criminal) action there is a presumption against the party who destroyed the evidence, whether that is the plaintiff or the defendant
Public Comment