http://ow.ly/6PHwX
An article by Michael Zoller appearing the ELLBlog.
This article discusses a case in which an internet website allowed downloading of full length Hollywood movies, and when litigation arose they claimed the data was not available for production.
The article states, "In Columbia Pictures Industries v. Bunnell, the defendant operated a torrent website that allowed its viewers to download and watch movies without paying for them. Columbia pictures sued for violation of its copyrights in the various films. To prove its case Columbia had to show the website directly or vicariously infringed by assisting users in using copyrighted material without permission.
The site operates by allowing a user to click on a link or search for a film and the site will then find the movie online where it can be downloaded to the user’s computer. To complete its process, the site records the request information in its RAM (random access memory). This information is stored only for a short amount of time and then deleted. There is no permanent record of the data."
The article goes on further to state, "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.
A warning for torrent site users, for the defendant to meet the court’s demands, it now has to permanently store all the information, including the IP addresses, on who uses their site and how they use it."
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