TorrentSpy fought the MPAA’s request, arguing that privacy laws in the Netherlandsâ€”where the servers are physically locatedâ€”prevented it from maintaining and disclosing the logs. The site also argued that the log data wasn’t available, since it existed only in RAM, and as such, was never stored.
The magistrate judge didn’t buy that argument, and in her opinion reaffirming the magistrate’s order, neither did Judge Florence-Marie Cooper. Judge Cooper took issue with TorrentSpy’s argument that data in RAM is not “stored.” She noted RAM’s function as primary storage and that the storage of data in RAMâ€”even if not permanently archivedâ€”makes it electronically stored information governed by federal discovery rules.
Perhaps a Wikipedia reference would have helped?
Heh, TorrentSpy should puchase new ram for their servers, and send in their existing ram as the record of the information.