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Indiana Court Rules Melted Down Hard Drive Not Destruction of Evidence

Posted by samzenpus on from the it's-getting-hot-in-here dept.

An anonymous reader writes An Indiana court has ruled that a hard drive that was sent to recycling was not destruction of evidence. The ruling stems from a BitTorrent file-sharing case filed by Malibu Media where a defendant claimed that his hard drive had failed thanks to heavy use. Malibu claimed that the act was destruction of evidence and filed a motion demanding a default judgement. The court denied this motion suggesting that because the hard drive failed, there was no evidence to destroy in the first place.

2 of 181 comments (clear)

  1. Re:I disagree... by wiredlogic · · Score: 5, Interesting

    That requires the plaintiff to spend money to have the analysis done which isn't part of the copyright extortion business plan.

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    I am becoming gerund, destroyer of verbs.
  2. Malibu Media by koan · · Score: 5, Interesting

    Magistrate Judge Stephen L. Crocker didn't like this tactic. He froze eleven of Malibu's cases in western Wisconsin, and ordered Malibu's lawyer to explain why she shouldn't be sanctioned for violating court rules. Filing paperwork with the Court with no purpose except to harass or embarrass an opponent is a big no-no. Judge Crocker wondered why Malibu would file a list of movies with embarrassing titles that Malibu doesn't own and can't sue over.

    https://www.eff.org/cases/mali...

    --
    "If any question why we died, Tell them because our fathers lied."