‘Web 2.0’ as evidence

by Sean McLinden

"In a recent intellectual property case for which we were retained, among the electronically stored information (ESI) that the plaintiff sought for production were internal company blogs and wikis used by the defendant’s developers to discuss new product ideas, as well as the design and coding of the alleged offending application. Included in the discovery were sites created using Microsoft® SharePoint® and MediaWiki software (and others). The discovery order was crafted with the typical “readily accessible” and “native format” language that seems totally irrelevant to sites which maintain dynamic content…"

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