1. An interesting post. However, the case appears to me to be more of an example of another judge (and two teams of lawyers) who fail to understand the difference between metadata and machine-readable content.

    Furthermore, they appear to have confused the easily accessible metadata (such as creation date which is associated with the file itself) with metadata that can be extraordinarily hard to gather (such as access rights – detail that may instead be associated with the folder permission system and only indirectly connectable back to the file).

    I can’t disagree with your assessment that the Defendants in this case failed to demonstrate undue burden but the judge did no one any favors by allowing vague and undefined requests for “metadata”.

Comments are closed.