It appears that the once popular BitTorrent indexing site, TorrentSpy, is preparing to fight the year-old court order that led to its demise. The site was initially sued by the MPAA back in February 2006, and though it fought back with a countersuit of its own three months later, it eventually lost its battle and was forced to shut down after it willingly destroyed evidence.

Now they are making good on their promise to appeal the $111 million ruling, according to CNET, though that doesn’t necessarily mean they are planning a comeback. TorrentSpy maintains that it hasn’t been proved in court that they infringed copyright and argues that their decision to destroy evidence stems from a court order asking them to do things that were in violation of their users’ privacy rights. The appeal was recently filed in the 9th Circuit Court of Appeals, according to TorrentSpy’s attorney, Ira Rothken.