An RIAA defendant who attempted to wipe her hard drive of infringing evidence has recently received quick judgment. In the case of Arista v. Tschirhart, judge Orlando Garcia of the Western District of Texas ruled that defendant Delina Tschirhart had made a mockery of the court. The defendant originally resisted RIAA attempts to secure the laptop in question, and began scrubbing once the request was granted. “On her computer, we found a number of file deletion programs and their log files,” an RIAA representative explained. “The Court directed us to submit an order for default and also granted us fees and costs.” Tschirhart had originally denied any infringing activity.
The case offers a clear-cut victory for the RIAA, which has been slogging through thousands of lawsuits since late 2003. The play-by-play is interesting to some, though others continue to question the overall strategy. “They’ve gone so far down the rabbit hole, they don’t know how to get out of it,” said manager Terry McBride during a recent keynote at the Bandwidth digital music conference in San Francisco. “You can’t use fear to change behavior, it just doesn’t work,” he continued. McBride is the head of Nettwerk Music Group, home of heavyweight artists like Sarah McLachlan and Avril Lavigne.
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Maybe she should had use DBAN which wipes the entire drive several times. That’s what you should do anyway if you are giving your computer away!
A better stratagy would be to have a decoy hard drive with just an OS installed with a few common programs. Then just swap the real one out and the fake one in realy quick they won’t find any logs or magnetic remains on the drive even if they have the NSA check it. Then the door is wide open for a counter-suit. Have your cake and eat it too all for the cost of one hard drive (less then $100).
I would of dropped it just before it reached their fingers =)