Bean, I`m in agreement. I just don`t see how it would be relevant, as Fogel`s ruling is unrelated. Fogel wasn`t cc`ed on Lloyd`s ruling, so I don`t see how Elks rational holds for that explanation.

I`d bet the defense will comply in the media transfer. I would think though, the disks may have degradation of magnetics and that may make them difficult to read - On a related note, I would have thought that if Moore (being an Engineer type) kept them around, he would have also kept around either the hardware to read them, or would have converted the information to a current media. After all, didn`t he imply through some past comments years back that the ownership issue was a battle for another day (my words). If he was interested in preparing for that battle, wouldn`t he want to keep the sword oiled and sharp, so to speak?

Regards