A recent e-discovery decision from the U.S. District Court for the Central District of California provides an opportunity to reflect a bit on the permanence of storage media. It has also inspired debate as to when temporarily stored information becomes “electronically stored information” that needs to be preserved and, where relevant, produced in response to discovery requests.

The May 27, 2007, order directs defendants in an ongoing copyright infringement lawsuit to collect and produce information stored in the random-access memory of their servers. [FOOTNOTE 1]

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