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Comment Re:"It's automated" is not a valid defense (Score 1) 81

Not true. This is a civil case. The actual requirement is that you take steps to PRESERVE electronically stored information. This is in the Federal Rules of Civil Procedure - no court order required. If you fail to preserve the information, and the court finds that you did so to deprive the opposing party of the information (like, by saying you will preserve it but don't actually do it), then the court can instruct the jury to assume that the missing information was unfavorable to the party that deleted it.

Comment Re:Can copyright finally collapse, please? (Score 4, Insightful) 100

This makes ZERO sense. The purpose of copyright is to encourage new works to be created, by giving control of the work to the author (so he can sell it). If we didn't have 'infinite reproducibiiity' (ie every copy had to be hand made by the author) THEN there would be no need for copyright. "Infinite reproducibility" is the entire REASON for copyright.

Comment Re:Almost doesn't count. Need Another Seven Analys (Score 2) 53

I don't think that is the point of giant rockets for moon missions. The rockets are big because they need to be in order to get the mass required launched. They don't just say 'lets build a giant rocket and see how much stuff we can cram in it'. So if you are adding ANY mass you need more fuel, and that fuel itself has mass, so you need even more fuel. And adding space for more fuel means the rocket itself must be larger, again adding mass, and so on.

Comment Re: Almost doesn't count. Need Another Seven Analy (Score 2, Informative) 53

Hey moron, here is a video https://youtu.be/p91bGgGHf90 of the SPACEX Dragon capsule returning to Earth. Please point out exactly where in the video this capsule is doing a nice slow landing on a ship. Oh wait, you can't because SpaceX HAS NEVER DONE THAT.

Comment Didn't contain copyrighted code (Score 5, Informative) 105

The summary states that the lawsuit proved that Linux didn't contain copyrighted code. This is nonsense, every bit of code in Linux is copyrighted. And if they meant that the suit proved that Linux doesn't contain any improperly used copyrighted code - well it didn't do that either (the suit never got that far). What the suit proved is that SCO did not own any of the copyrights to code it claimed it did, having sold those rights to Novell.

Comment Re:This isn't just about FTX (Score 1) 39

None of what you wrote is true. The FDIC does not protect the bank at all. It is the Federal DEPOSITORS Insurance Corporation. The depositors are insured, not the bank. If they make bad investments, the depositors are (if the bank is a member of the FDIC) protected. The investors in the bank itself are not, they will lose their investment.

Comment Re: "when the company reasonably anticipated" (Score 1) 79

Read the federal rules of Civil procedure. You will find that if the court determines a party failed to preserve electronic records in anticipation of litigation the court may a) assume the records were unfavorable to the party, b) instruct the jury to assume the records were unfavorable to the party, or c) issue a summary judgment against the party.

Comment Re:Prison sentence? (Score 1) 79

Nice little rant, but the actual fact is that this is a civil, not criminal, matter. Nobody is going to jail for destroying evidence in a civil case, no matter who they are. The punishment for destruction of evidence in a civil case can be that the judge instructs the jury to assume that the destroyed evidence contained exactly what the opposite party claims it did. Alternatively, the judge can just issue summary judgement and not even go to a jury.

In other words, the punishment for destroying evidence in a civil case is that you are likely to lose the case.

Comment Re: "when the company reasonably anticipated" (Score 1) 79

Nope. The actual wording of the rule is "If electronically stored information that should have been preserved in the anticipation or conduct of litigation is lost because a party failed to take reasonable steps to preserve it".

Deliberate destruction is not required, failing to take reasonable steps to preserve it is sufficient.

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