RIAA wins P2P case after defendant reformats hard drive

Ars Technica

By Eric Bangeman August 27, 2008

One of the most closely-watched copyright infringement lawsuits brought by the RIAA appears to have come to a screeching halt, much to the music industry's delight. A judge ruled Monday that a defendant had willfully and intentionally destroyed evidence of his P2P activities after being notified of pending legal action by the RIAA. Furthermore, since it was done in bad faith, it "therefore warrants appropriate sanctions."

"What this really underscores is how difficult it is for individuals who can't afford counsel to defend themselves," EFF staff attorney Fred von Lohmann told Ars. "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."


Read Bangeman's full report at Ars Technica.


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