Quote:
Originally Posted by HarryT
I think that the typical computer user probably thinks that clicking the "Delete" button really does delete the file - ie physically wipe it from the disk. You and I both know that this is not the case. My question is whether doing this is sufficient to satisfy the requirements of the law.
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I'd think so. Just think about the proof for a minute:
Lawyer: And what did you do after you copied the ebook file to the cd?
Witness: I deleted the file on my computer.
Lawyer: and how did you do that?
Witness: I hit the delete button.
Lawyer: did you do anything else?
Witness: No.
Lawyer: are you aware that using the delete button doesn't delete the file?
Second lawyer: objection. Assuming a fact not in evidence.
First lawyer: Your Honor, I'm inquiring concerning what the witness believed.
Judge: I will allow the witness to answer whether he knows that using the delete button doesn't actually delete the file.
First lawyer: read back the question.
Court reporter: are you aware that deleting a file doesn't delete the file?
Witness: uh...no.
First Lawyer: do you mean to tell this court that you believe that deleting a file actually deletes the file?
Second lawyer: objection. Asked and answered. My colleague is arguing with the witness.
Judge: sustained.
First lawyer: isn't it true that deleting a file only removes the information pointing to the file, so that the actual file remains on the computer?
Second lawyer: objection. Your Honor, the witness has already stated that he was unaware that using the delete button does not delete the file.
Judge: sustained.
Gee, isn't this fun? But the point is, a person can only do as much as we can reasonably expect that person to do. Since your inquiry concedes that the normal computer user does not know that using the delete button does not delete the file, how in the world can anyone hold him responsible for not doing anything else?