Originally posted by: ElFenix
reading the comments here makes me weep about the average american's lack of knowledge about the legal system.
Originally posted by: ForumMaster
Originally posted by: tfinch2
Good. Those "Someone used her name and IP address" arguments piss me off.
maybe, but from what i understand from reading on Dailytech, the RIAA never even had to prove that she had Kazaa installed or that it was her username. i'm not saying she's not guilty, but a quarter milllion dollars is way too much.
if you're destroying evidence you could get sanctioned with a jury assumption that the evidence you destroyed was the worst possible against you. if you've made it impossible for them to gather evidence by your own bad acts, there is a good chance they're not going to have to prove much. doesn't sound like she got an instruction against her, as she did argue that the reason she replaced her hard drive was that it was malfunctioning.
and the fact that her IP and the MAC of her cable modem were associated with a kazaa user allows a pretty reasonable assumption that kazaa was installed on her computer (the only one attached to the modem). that counts as proof.
additionally, the fact that she used the user name for various other things allows a pretty reasonable assumption that the kazaa user name was her user name. again, that is proof.