TorrentSpy ruling a 'weapon of mass discovery'

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Its junk law

Never before have I heard of a civil case where the judge tells one of the parties to begin manufacturing evidence for the other side to use. Thats junk law. In anbodys book. Flip that coin and ask, if the MPAA brought the law suit why didn't the judge tell the MPAA to produce the evidence themselves if they were the ones making the claim? Seriously, thats always the way it has worked throughout history, and for a good reason. Can the public now claim that the MPAA is ripping them off by too frequently releasing garbage and charging full price for the inferior product, and they should be required to help us prove it by including a review of each release by at least 100 independent reviewers for each release? If the reviews prove to be unusually disproportionate towards inferior quality then we have to assume that the MPAA must have known as much and were fraudulently holding out their products as being worthy of purchase when it was actually crap.

The fact is that it only makes sense legally that those who make a claim should be required to provide the proof for the claim, and discovery of such evidence that would prove the claim is just that; "discovery" not manufacturing of evidence for the claimant. If the dumb ass judge thinks there is retrievable evidence in the ram then he should be allowed to order the ram to be produced for discovery, but to require the implementation of previously non existent procedures, particularly at the high cost that may be incurred is ludicrous.

Talk about warping the law to favor one side over the other. This is wild. Trust me, if this ploy works there are going to be many more civil lawyers who will start requiring defendants to manufacture and collect evidence against themselves. And that means many more fishing expeditions in search of a payday. After all, where a lawsuit may seem like a long shot today because the evidence just doesn't exist, its alot more attractive to try and give it a shot if you can get the judge to order the potential defendant to create and gather previously non existent evidence that might prove the viability of a law suit. Think about it.

Posted by: Cayble   Posted on: 06/18/07 You are currently: a Guest | Members login | Terms of Use

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