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Motion for sanctions to be granted in Atlantic v. Howell

By Ty Rogers and Ray Beckerman

According to a minute entry in Atlantic v. Howell, the Court will be granting the RIAA's motion for sanctions based on spoliation of evidence.

The entry reads as follows:

The Court finds that the destruction of the evidence after repeated and explicit warnings about the obligation to preserve evidence was in bad faith and therefore warrants appropriate sanctions. The extent of sanctions is within the Court?s discretion. The Court will issue a written order on the pending issues. The Motion for Sanctions is taken under advisement. A written order will issue regarding the pending Motions to Dismiss.

According to an article in Ars Technica, the RIAA has won the case.

August 25, 2008, Minute Entry

Found via Ars Technica.

Commentary & discussion:

p2pnet.net

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Full post as published by Recording Industry vs The People on August 27, 2008 (boomark / email).