by Mike Masnick
Tue, Aug 11th 2009 9:00pm
Michael Scott points us to an interesting discussion among some lawyers trying to grapple with the implications of a rise in "cloud computing." For example, they note that courts usually don't take kindly to excuses such as "the hard drive ate my documents" when certain documents are unable to be found during the discovery process. But, if people are using a cloud computing solution such as Google Docs, this could actually be an issue. Google's terms of service allows it to cancel accounts and delete documents -- and someone who relies on a system like that only to find out later that he or she needs to hand over documents as a part of a court case may be in trouble. Of course, I don't see how this should be any different than any other "out of my hands" issue. What if a fire destroys paper documents? Or should the problem be that the user didn't make backup copies? The problem here isn't necessarily cloud computing itself, but the way the law views the discovery process.
If you liked this post, you may also be interested in...
- Texas Supreme Court Is Skeptical About Wikipedia As A Dictionary
- DOJ Memo Shows NSA And White House Lawyers Mainly Unconcerned About Evidence Obligations In Criminal Trials
- An Ongoing Lack Of Technical Prowess Is Resulting In Bad Laws, Bad Prosecutions, And Bad Judicial Decisions
- Hold On... We May Actually Be In For A THIRD Oracle/Google API Copyright Trial
- Bill Introduced To Create Copyright Small Claims Court... Which Copyright Trolls Are Going To Love