When not on Slashdot, I'm the owner of CD Baby, which was the largest provider of music to Snocap.

Snocap had everything going for them, and could have probably succeeded, but their execution was so bad that it was unbearable.

Check out my What happened with CD Baby and Snocap article, and especially the comments below it, with all these musicians so frustrated that Snocap won't reply to anybody's emails.

The most brilliant idea, with bad execution, is worth nothing.

The "safe harbor" will not apply to the routine operation of a document destruction system (e.g., emails automatically deleted after thirty days) if the company reasonably anticipates litigation. This is clear both from the Committee Notes to the Rule and the case law. In other words, you can't argue that you fall under the safe harbor just because the data was lost due to an automatic operation. You have to show that you made a good faith effort to preserve the evidence, which may include halting the operation of the automatic archiving/deletion system.