A copyright infringement matter decided earlier this year contains object lessons not only for lawyers seeking access to electronically-stored information, but courts concerned about the preservation of evidence.

In Columbia Pictures v. Bunnell, 2007 U.S. Dist. LEXIS 46364 (C.D. Calif. June 19, 2007), the court ordered the defendants to preserve Internet Protocol (“IP”) addresses and related data which their servers received in Random Access Memory (“RAM”) but which had not been logged by the servers. The court reasoned that even the data’s temporary storage in RAM made it “Electronically Stored Information” as defined under Rule 34 of the Federal Rules of Civil Procedure and therefore discoverable.

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