http://ow.ly/6YW1G
An article on the ELL Blog, E-Lessons Learned, written by Michael Zoller.
This article focuses on the case of Columbia Pictures Industries v. Bunnell, 2007 WL 2080419 (C.D.Cal., 2007) and discusses the eDiscovery obligations that arose in that case.
The author states, "Even though data is not maintained permanently, but instead only stored in a web server’s RAM for a matter of hours, it is the operator of the server’s responsibility to preserve that information permanently for the purpose of discovery."
The article further indicates, "The defendant argued that due to the RAM’s temporary nature, there was no record to be turned over. The court found otherwise. The court held, “the data in issue which was formerly temporarily stored in the defendant’s RAM constituted “electronically stored information” within the control of the defendant.” As such it was the defendant’s responsibility to preserve the information and produce it for the plaintiff."
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