ISP Cox has moved for the copyright infringement case against it to be dismissed, after piracy tracking company Rightscorp destroyed the code it used to produce the evidence plaintiffs BMG and Round Hill Music say shows criminal activity. A Magistrate ruled in October, after summary proceedings had already concluded, that Rightscorp had spoiled critical evidence. Cox then moved that summary decisions, including that a trial is even necessary, should be revisited.
BMG and Round Hill Music alleged in November 2014 that Rightscorp caught Cox ignoring frequent piracy by certain users, and thereby lost its eligibility for DMCA safe harbor protection, and became liable. After Rightscorp intentionally destroyed all versions of its code which predate July 2015, a judge issued a “Spoliation Order,” and said that the sole source of evidence for the plaintiffs can no longer be assessed for accuracy.
It was left up to the District Court, however, to decide what the appropriate response by the court should be. Cox claims that since Rightscorp worked for three years to plan the lawsuit, and then wilfully destroyed the only means of evaluating the only evidence of any wrongdoing, the whole case should be tossed.
“The Court should dismiss this case, both as a sanction for Plaintiffs’ misconduct and because there is no competent evidence to support Plaintiffs’ direct infringement theories,” Cox says in the court filing.
BMG and Round Hill Music have responded that the request is too late to block a trial, TorrentFreak reports.