said by Ahrenl:It's absolutely a civil case. First and foremost, there is no criminal copyright law. Secondly, the RIAA is bringing the case, only the government can bring a criminal case. You can't criminally charge someone else, you have to have the DA do it.
Finally, I'm sure the RIAA has some vague IP sniffer data that nobody on the jury will understand, that the defendants lawyer will have to try and debunk. That will most certainly result in that glased eye look you get from the majority of people when you mention any type of computer process.
The icing for the RIAA is that they can blame failure on the "suspicious" disappearence of the defandants HD. So they don't have to worry about creating negative case law.
In that case, the judge will toss it out of court due to lack of evidence and they have the burden to prove she told BB to remove it. Maybe she never heard of the program "kill disk" or maybe she did. Played stupid and BB fell for it, swapped out her HD. Regardless. Evidence is circumstantial and without the drive, that's about as far as it will go. Think they can make her take a poly?
