X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
A Los Angeles federal judge declined Friday to reverse a magistrate judge’s order requiring a file-sharing Web site to turn over a relatively unexploited kind of electronic discovery. While it’s customary for e-mails and other documents to be dredged from computer memory during discovery, this may be the first request for information from transitory Random Access Memory, according to Fred Von Lohmann, a staff attorney with the Electronic Frontier Foundation. The EFF wrote an amicus brief protesting the request by plaintiffs — several movie studios including Columbia Pictures — to have defendant TorrentSpy turn over RAM information. The studios accuse TorrentSpy of copyright infringement, arguing that the site allows users to download copyrighted films. TorrentSpy doesn’t house or distribute copyrighted data. Its servers hold files that allow users to pull material, including copyrighted data, from the networked computers of other users. TorrentSpy is based in California but its servers are in the Netherlands. The studios want the RAM data to see what users are doing on the site, according to filings. Magistrate Judge Jacqueline Chooljian issued the RAM order in May, but stayed it while the site asked for district judge review. TorrentSpy argued that turning over the data violated its users’ right to privacy. On Friday, Judge Florence-Marie Cooper sided with the magistrate judge. “Although defendants disagree with the magistrate judge’s ultimate decision, they have failed to establish that her factual findings were clearly erroneous or that her legal conclusions were contrary to law,” Cooper wrote. TorrentSpy attorney Ira Rothken, of the Rothken Law Firm, said Monday his client intended to file an interlocutory appeal to the Ninth Circuit U.S. Court of Appeals. Also on Monday, TorrentSpy decided to bar U.S. customers from using its site because of the “uncertain legal climate in the U.S. regarding user privacy.” Rothken said the court’s orders were an important factor in the site’s decision. A spokesperson for the Motion Picture Association of America, which has spoken on behalf of the case’s plaintiffs in the past, did not return a call seeking comment.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.