Archive: November 7, 2013

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Court Orders Imaging to Ensure Preservation of Self-Proclaimed Hacker’s ESI

Court Orders Imaging to Ensure Preservation of Self-Proclaimed Hacker’s ESI

Battelle Energy Alliance, LLC v. Southfork Sec., Inc., No. 4:13-cv-00442-BLW, 2013 WL 5637747 (D. Idaho Oct. 15, 2013); Battelle Energy Alliance, LLC v. Southfork Sec., Inc., — F. Supp. 2d —, 2013 WL 5818559 (D. Idaho Oct. 29, 2013)

Plaintiff sought an ex parte temporary restraining order requiring Defendants to disable their website and remove information related to allegedly infringing software and also sought to create a forensic image of one defendant’s hard drive(s) to ensure preservation.  The court granted Plaintiff’s application, relying in part on Defendants’ self-identification as hackers.  Upon learning the at-issue source code had already been released, however, the court denied Plaintiff’s motion for a preliminary injunction and partially dissolved the TRO, but continued to retain images of the hard drives.

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