Originally Posted by gideongallery

well people like me (canadians) could pull out the piracy tax info, and a reciept for blank cd and would be covered completely.

Downloaders who got caught could simply buy the cd,
scratch it up
say i don't have the reciept anymore

how could you prove when i bought the cd

as for downloading tv shows, i have done it myself, my cable bill, a copy of the tv guide schedule from the day in question and a copy of the supreme court ruling that copyright laws don't fair use copy illegal just because the SOURCE is illegal is enough.

Your grasping at straws if you think this changes anything. if the judge had ruled in their allowed them to make the safe harbor provision defense and allowed them to destroy the evidence that would have been a game changer.

This is just status quo of any other destruction of evidence case with an affirmative defence, weather it be murder, or piracy case it doesn't matter destroying the evidence that could prove your affirmative defence is a lie denies you the right to make that affirmative defence.