The judge decided to store them on what he thought was a private server.

That apparently is what he is saying to one and all. But how can you know for certain that Kozinski lacked the technical sophistication to understand it that way, and how can you know for certain that he was not aware that “strangers” were visiting alex.kozinski.com.

His nemesis in this, Cyrus Sanai, has stated that he downloaded just about everything on alex.kozinski.com last year and that the server crashed with a message saying “bandwidth exceeded.”

Surely the Kozinski’s noticed that.

And he says that a year before that, when he first started digging into alex.kozinski.com everything was pulled down from it and returned months later. It would seem obvious, though only through inference, that the Kozinski’s were aware that somebody had been partaking of the files.

Just as the press has at times run out in front of the facts on this story, so have some of those explaining away whatever it is — which we can’t really, fully know at this point, if ever — that was going on with alex.kozinski.com