p2pnet.net News:- The Big Four Organized Music gang’s RIAA has claimed a victory in one of its sue ‘em all cases against a woman it says destroyed potential evidence.
The RIAA, short for Recording Industry Association of America, but owned by EMI (Great Britain), Vivendi Universal (France), Sony BMG (Japan and Germany) and Warner Music, with Warner the only American company, makes a hard and fast practice of targeting women and children who simply don’t have the legal or financial resources to defend themselves.
The so-called ‘trade’ unit wanted to raid Oregon mother Tanya Andersen’s hard drive. But her lawyer, Lory Lybeck of Lybeck Murphy, successfully argued the RIAA had to state exactly what it was looking for, and that an expert hired by Andersen herself should do the looking.
The RIAA is currently demanding that Kimberly Arellanes, the wife of serving US Army sergeant Frank Arellanes, opens her hard drive so RIAA ‘investigators’ can ‘prove’ she’d been engaged in “massive” copyright infringement.
The RIAA was demanding the same of Texas mother of two Delina Tschirhart, claiming she’d used p2p file sharing applications to, offer music files for P2P for distribution, allegations she’d flatly denied.
However, 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, says Recording Industry vs The People. The court noted that this ‘wiping’ irreparably prejudiced the RIAA because the only evidence it had without the hard drive was ‘scant and piecemeal’.
David. J. Schroeder, hired by the RIAA, said two disk-cleaner utility applications were used to wipe the hard drive. But another expert, Wayne Marney, hired by Tschirhart, said the fact data were scrubbed was, consistent with defragmentation of the hard drive.
US district judge Orlando L. Garcia has given the RIAA 30 days to, submit a proposed order of default judgment that sets out their damages,” also ruling that Tschirhart will have to pay costs and legal fees.
wanted to raid – Victim sues RIAA under RICO Act, October 1, 2005
successfully argued – RIAA p2p file share defeat, March 19, 2006
copyright infringement – RIAA goes fishing, August 11, 2006
Recording Industry vs The People – Where Defendant Wiped Hard Drive in Violation of Court Order, Default Judgment Awarded, August 24, 2006