Evidence
Jury Can Learn Bratz Doll’s Creator Used ‘Evidence Eliminator’
Posted Jun 11, 2008, 06:10 am CDT
By Debra Cassens Weiss
A California federal judge has ruled that the jury hearing a dispute between the makers of Barbie and Bratz dolls can hear testimony that Bratz’s creator used computer software called “Evidence Eliminator” to scramble information.
The software promises to eliminate "unwanted sensitive data." Bratz creator Carter Bryant, who sold his Bratz doll idea to MGA Entertainment Inc. after working at Mattel Inc., renamed 9,400 computer files with the program, the Wall Street Journal reports (sub. req.). Mattel, the maker of Barbie, claims it owns Bratz because Bryant developed initial drawings for the idea while working there.
Mattel says the program could have been used to destroy relevant e-mail and drawings of early Bratz artwork. The software was used two days before Bryant’s computer was scanned for evidence in the case. MGA lawyers said the software was intended to scrub the computer of Internet pop-up ads of a sexual nature.
U.S. District Judge Stephen Larson called Bryant's actions "really powerful impeachment evidence," according to the article. Bryant has already settled with Mattel.
The trial has also featured a side dispute over whether Mattel’s lawyers can stay at the same hotel as their legal opponents.
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Comments
Posted by emynd - 3 months, 4 weeks, 1 day, 20 hours, 58 minutes ago
This is truly amazing. I can’t believe this stupid case is so crazy. I hope Dozier makes it through OK.
-e
Posted by Ayres - 3 months, 4 weeks, 1 day, 19 hours ago
50 Cent > Kanye West
Posted by R - 3 months, 3 weeks, 6 days, 20 hours, 22 minutes ago
Note to creator of “Evidence Eliminator” software: you might want to change the name of your product. Or do you also sell “Software Pirate” and “Quicken - Embezzlers’ Edition”?
Posted by Steve Perkins - 3 months, 3 weeks, 5 days, 54 minutes ago
This is reflects lack of knowledge regarding software… and as computers become a more ubiquitous part of many modern cases, this illustrates why courts should seek opinions from I.T. professionals before ruling on software related matters that they don’t fully understand.
“Evidence Eliminator” is just a catchy title for marketing purposes. It does nothing more than clear your browser cache and history, and repeatedly wipes deleted files with random 1’s and 0’s to ensure that an I.T. forensics guy can’t “undelete” deleted files. It’s hardly intelligent enough to seek out evidence that could be relevant in a particular civil case… it just ensures that files MANUALLY deleted really are deleted. This is pretty standard operating procedure for anyone remotely security conscious, although you could get the same results for free with open-source tools such as Eraser and intelligent privacy settings in your web browser.
This is no different from a judge calling it “impeachable evidence” when a defendant has a paper shredder in his office, rather than throwing all his documents in a trash can.