Re:Google CEO: “can we change the setting of this group to h...
by ncallaway on Saturday April 15, 2023 @11:56PM
(#35587128)
> This logic gets absurd when you push it to the limits.
Judges won’t push the logic to its limits. They’ll look for a reasonable line, and give an annoyed look to people who go off on a technical “well actually VOIP packets are briefly in memory and then deleted, so it’s the same thing”.
Judges recognize that arguments that are reasonable and logical in some domains aren’t perfectly generalizable to all cases. They’ll just (if it’s relevant to the case) make a ruling on whether transistory packets count as recording, and create a litigation hold (they’d almost certainly decide it doesn’t) and move on with their lives.
This logic gets absurd when you push it to the limits. For instance, any sort of VOIP call would imply deletion, since the voice packets have to be buffered in memory for it to be decoded and played back. At least with respect to copyright law, the interpretation is reasonable. For instance, intermediary routers that copy packets as they pass through do not commit copyright infringement. pictures/videos that get cached on your device also doesn't count as copyright infringement.