The Sedona Conference® Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible

The Sedona Conference® Working Group 1 recently published a Commentary on the issues of preserving, managing, and identifying not reasonably accessible electronically stored information or “NRA ESI". The result is a five-step framework for analysis and six Guidelines for making reasonable, good-faith assessments where no “bright line” rules exist. Ira P. Rothken is a co-editor of the above Sedona Conference Publication entitled Commentary on Preservation, Management and Identification of Sources of Information that are Not Reasonably Accessible.which can be downloaded here and here is a web seminar  on the topic. Here is an excerpt of Ira P. Rothken discussing technical factors to consider in determing whether e-discovery related data is "not reasonably accessible."
  

MindFuse raising money for casual massively multiplayer online game

Most massively multiplayer online (MMO) games focus on hardcore gamers, but MindFuse is building a high-end MMO for casual audiences.

The idea is to create a rich 3-D world that is easy to learn and which can be enjoyed without huge time commitments. Players can play for a shorter time compared with time sinks like “World of Warcraft.” Ira Rothken helped start MindFuse and he assisted in raising seed money for the company. You can read more at VentureBeat.

Torrentspy Appeals MPAA Wiretap Case

Torrentspy has appealed the federal "wiretap" case against the Motion Picture Association of America to the Ninth Circuit Court of Appeals involving allegations that the MPAA paid a hacker $15,000 dollars in return for use of emails obtained by unauthorized computer access and automated interception. The case is Bunnell v. Motion Picture Association of America. The redacted brief can be found here. Here is a story from CNET News and the Washington Post on the appeal.

In a Denial of Service outage, has Hollywood gone too far?

According to CNET a company named Revision3 that legitimately distributes its video programming via peer-to-peer systems is shut down for three days after being inundated with traffic. The likely cause was a company paid by the major movie studios and record labels to fight piracy. According to Ira Rothken "It's ironic for a company that is supposed to be helping major Hollywood organizations in getting legal compliance, that they would use techniques that at least optically appear to be in violation of the law."

Federal Judge citing CDA immunity throws out multiple claims against large dating site

From an article in TheDartmouth: a Jane Doe plaintiff is suing in Federal Court an online dating site powered by Friendfinder related to a profile posted by a site user. The case arises out of an alleged feigned profile posted by a member that allegedly used her personal information next to a nude photo of another female. The profile was allegedly created by someone using the Dartmouth College network in 2005. The woman, who filed the suit under the pseudonym “Jane Doe,” claims the fictitious profile was posted for over a year before a friend brought it to her attention. A federal judge threw out five of the woman’s claims because internet sites are protected under a federal law known as the Communications Decency Act or CDA from liability for false postings by others, but allowed two to stand in an order handed down recently.