BMI logger goes to the restaurant that had ignored phone calls and letters from BMI, takes notes as to the BMI songs he heard, swears out an affidavit, destroys his notes (as a matter of routine) nine months later. Affidavit is admissible.

BMI asks for $3k in damages per song, defendant asks for $2k, judge awards $2.5k.

The owner of defendant is the sort of person who is normally not worried by mail he doesn’t open.

BMI v Haibo