Paramount Pictures Corporation v. ReplayTV, Inc., Joint Stipulation ...

12345678910111213141516171819202122232425262728to route itself a copy of all audiovisual works transmitted between users throughAOL Instant Messaging does not mean that it can be ordered, under Rule 34, toretool its software to collect all such data.4. Defendants Could Collect Limited Information Reported Through TheMyReplayTV Service.Defendants could conceivably collect, and have fully advised Plaintiffs of,the only information they have ever received about usage of the ReplayTV 4000—information provided through the my.replaytv.com service. About 10% ofDefendants’ users have signed up for this service, which allows users toprogram their machines at home from a remote location on the Internet. PignonDecl. 26, 32. For example, if a user wishes to record a show to watch later butwill be out of town for a few days, he can instruct his device to do so through themy.replaytv.com website. Id. at 26.Only users who have opted-in to this service will have their ReplayTV 4000upload each night a “ snapshot” of the list of recordings on their hard drive and thelist of any recordings they have selected to be made in the future. Id. As this is theonly information needed for the user to program new recordings (and to make roomby deleting existing recordings or instructions to record), no other information isreported. This information is written over daily. It is provided by the user only toallow him to make remote programming requests, not for any other use byReplayTV. Id.The my.replaytv.com data does not contain much of the informationPlaintiffs claim to seek. It includes no information about Commercial Advance orSend Show. Id. It does not identify programs that are watched or that have beendeleted, only those that are presently stored on a hard drive. Id. In addition, as this51