http://arstechnica.com/…

Two weeks ago, a judge ruled that BitTorrent search engine Torrentspy was required to enable server logs and turn the information over to the MPAA as part of the discovery process (the MPAA is suing Torrentspy for contributing to copyright infringement). That ruling was based on the theory that the information in question is already stored in RAM and therefore already exists; Torrentspy would not actually need to log any new data, just record what was already passing through its servers. The legal implications of this argument are staggering, and two technology groups have just pointed them out to the court in a new amicus brief.

Unfortunately this isn’t the first time where ignorance of technology has potentially serious impact on rights and future usage patterns.

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