BitTorrent search site loses case

This is ludicrous to anyone who knows a jot about computing:

A website which facilitated the online exchange of films, music and TV programmes without permission has lost a US copyright case.

TorrentSpy was taken to court by the Motion Picture Association of America.

A judge made a default ruling in favour of the MPAA after she said the site’s operators had tampered with evidence.

The site had ignored an order to retain server logs and the unique online addresses of computers which traded files using the BitTorrent program.

The ruling could have personal privacy implications because the information TorrentSpy had been told to retain was held in Random Access Memory of computers.

The judge then asked for information from the RAM in their computers but the defendants failed in their attempt to argue the data was temporary and therefore could not be retained.

The defendants’ conduct was “obstreperous,” Judge Florence-Marie Cooper wrote in her decision.

“They have engaged in widespread and systematic efforts to destroy evidence and have provided false testimony under oath in a effort to hide evidence of such destruction.

“A substantial number of items of evidence have been destroyed,” she wrote. “Defendants were on notice that this information would be of importance in this case.”

TorrentSpy’s lawyer Ira Rothken said his clients had concerns about protecting users’ privacy.

TorrentSpy is expected to appeal Judge Cooper’s decision.

Darn tootin’ they should appeal; I’d have been inclined to hexdump /dev/kmem and print it just to keep them happy – per gigabyte of RAM that would be around 200,000 double-sided sheets at 66lpp 80cpl and would weigh about 4000Kg; not to mention the euro-privacy implications if the machine is hosted with other users, or virtualised.

I have a mental image of Judge Cooper which includes a typewriter, carbons, and onion-skin paper…

Comments

3 responses to “BitTorrent search site loses case”

  1. bob

    You might want to be more informed about the situation before you break out the snarkiness. Right up to when torrentspy got served they collected logs on disk. After being sued they stopped. When the judge said “stop destroying evidence” they started with the “ooh, they want us to save ram”. These guys deserved to lose as they violated multiple rules of civil procedure.

  2. Well of course I am not a lawyer, but first-off is evidence which is not collected, being destroyed? Was the judge ordering ongoing-sniffing of logs after the case got started?

    Is she allowed to do that? If she is, is it right?

    Secondly although I know that courts tend to take a dim view of snarkiness or whatnot, on the other hand I do not, especially in cases where implausible capital is likely to be made and used by both parties.

  3. bob

    If they were saving the information that they did have and then stopped saving it, it sounds like allowing it to become less “permanent” is a destroying it. They clearly have the IP address of visitors to their site otherwise they’d not be able to serve up pages and ads. The judge ordered that they continue with their standard processes. Additionally they went through their forums and edited out references to movies and what not. Also they created a secret forum to discuss their plans for getting rid of evidence.

    Just not a smart bunch of folks.

    BTW – I’m a big fan of your work.

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