MPAA accuses TorrentSpy of concealing evidence

The courts have for the first time found that the electronic trail briefly left in a computer server's RAM, or random access memory, by each visitor to a site is "stored information" and must be turned over as evidence during litigation, according to documents seen by CNET News.com.

This may be the first time that anyone has argued that information within RAM is electronically stored information and therefore subject to the rules of evidence, Chooljian said according to court records. Up to now, many Web sites that promised users anonymity, such as TorrentSpy, believed they need only to switch off their servers' logging function to avoid storing user data.

In one of the most hotly contested disputes so far in the case, the records show that the MPAA accused TorrentSpy of trying to conceal evidence when the search engine began directing visitors to the servers of an outside vendor.

The company's attorney, Ira Rothken, said Friday that it is unlikely TorrentSpy would continue operations in the United States if forced to turn over user data.