December 19th, 2007
Judge finds TorrentSpy destroyed evidence, rules for MPAA
Did TorrentSpy.com traffic in illegal copyright infringement? We may never know for sure since a lawsuit brought by the MPAA against the torrent download site was not decided on its merits, but TorrentSpy’s behavior in the case certainly suggests it wasn’t feeling too confident.
The court in the case found that TorrentSpy principals “intentionally modified or deleted directory headings naming copyrighted titles and forum posts that explained how to find specific copyrighted works; concealed IP addresses of users; and withheld the names and addresses of forum moderators,” reports News.com’s Elinor Mills.
Said the court:
“The court finds that plaintiffs have suffered prejudice, to the extent that a rightful decision is not possible. Defendants’ conduct during discovery in this case has been obstreperous. They have engaged in widespread and systematic efforts to destroy evidence and have provided false testimony under oath in an effort to hide evidence of such destruction.”
This harsh result comes after TorrentSpy was fined 30 grand for discovery violations.
“It’s not like they proved their case. It’s not like they proved that TorrentSpy infringed copyright,” said Justin Bunnell, founder of TorrentSpy. “I think we have a lot of grounds for appeal and we’ll pursue it vigorously.”
Bunnell should realize, however, that appeals courts are not amused by parties who abuse the judicial system, destroy evidence and disregard lesser sanctions.
