said by johansmith: said by mlerner:
Point taken so presumably they could do that.. but they've already identified subscribers by sending out notices so can't go back now or questions would be raised.
Huh? How would they ID any customer if there are no logs?
I'm saying your argument is right, if they claimed originally they had no logs at all, sent out no notice then they could argue that front. But they sent out notices indicating they have identified subscribers so they couldn't claim that now to the court.