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Wednesday, 19 December 2007

TorrentSpy loses in US

CNet reports that TorrentSpy has lost a copyright infringement suit in California, not on the merits as such, but rather because it hid and destroyed evidence in a way which made it impossible to try the case fairly. As well as failing to comply with discovery orders, TorrentSpy intentionally modified or deleted directory headings naming copyright titles and forum posts that explained how to find specific copyright works, concealed IP addresses of users and withheld the names and addresses of forum moderators. The court terminated the case, holding ‘The court finds that plaintiffs have suffered prejudice, to the extent that a rightful decision is not possible’.

The IPKat says that this is certainly a victory for the Motion Picture Association of America, which brought the case, but in copyright terms it’s neutral. TorrentSpy got punished for major breaches of procedure, rather than having a copyright finding per se against them.

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