Exactly, and, from what I read in the OP's article, the defence, in this case, Marriott has clearly violated a federal court order by not turning over the video. If this is the case, then I think that hampers the case that Marriott is trying to claim. It shows a lack of transparency towards a court and, as the case is currently in discovery, they must turn the evidence over to the plaintiff side. As they have not complied, allegedly, as of yet, I think the side of Irvin is looking a bit stronger. Yes, I know the tape won't show the audio. However, it's the fact that Marriott is allegedly not showing transparency that I think would hamper their credibility in making the argument of whatever it is that Irvin is accused of doing. That's at least where I stand with my opinion based on where things are at the moment.