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The mere existence of a program such as CCleaner is not sufficient to support an allegation that a party has engaged in inappropriate conduct or deliberately attempted to destroy information. None of the files CCleaner deletes would be within the scope of discovery requests or be considered ‘reasonably accessible’ under FRCP 26.Ģ4. …For the most part, these are files that the average user does not even know exist and cannot even be viewed by most users. CCleaner is not a “wiping program” and is not designed to “permanently remove information from a computer.” By default, CCleaner removes temporary internet files and other system files.ġ0. Additionally it contains a fully featured registry cleaner.Īnd here's how the actual Certified Computer Examiner describes CCleaner's functions under the penalty of perjury in a federal civil action, which Navasca's lawyer attached as Exhibit A.ĩ.
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It also cleans traces of your online activities such as your Internet history. It removes unused files from your system – allowing Windows to run faster and freeing up valuable hard disk space. Navasca's lawyer, on the other hand, decided to quote an actual expert.Īs described in the annexed declaration of a Certified Computer Examiner, C-Cleaner’s default functions (the only ones used by Defendant) do not permanently delete data, and only affect data that the average user does not even know exists.ĬCleaner's own website describes what the utility does: I guess there's just no time to search for a second opinion when you're in Prenda Law.
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While it is generally a vast improvement over Yahoo! Answers, it's hardly the sort of place a lawyer should turn to for technical advice, especially when already over his head in a farcical legal battle, but especially when it's a single user's submission. Let's just pause for a moment in appreciation Gibbs' technical source, EHow. Plaintiff alleges, without any support other than an “” user submission, that using C-Cleaner is “proof” that Defendant was destroying evidence.
#Evidence eliminator windows 7 64 software
The instant discovery dispute ultimately centers around a particular bit of software that the defendant had running on his computer – C-Cleaner. Navasca's lawyer fired a letter back challenging Gibbs' emergency motion to compel on the grounds that everything about the motion was severely ignorant.
#Evidence eliminator windows 7 64 utorrent
Once again, Gibbs felt he had found something resembling evidence on the defendant's (Joe Navasca) hard drive, and brought in some outside “expertise” to back up his claim of “spoliation.” Specifically, Gibbs felt that a registry cleaner found on Navasca's hard drive was evidence that he had removed all traces of UTorrent and any downloaded files. Are you ready for some more fun courtesy of Prenda Law? While there are many copyright trolls wandering the judicial system, few have proven more entertaining than Prenda Law and its partners in unintentional levity, including AF Holdings, John Steele and superlawyer Brett Gibbs.īrett Gibbs takes center stage (again) in an ongoing copyright infringement lawsuit that has been winding its way through the courts since May of last year.