Don't misinterpret what I said to mean that you can hide information.
I'm saying if you don't "KNOW" the information is actually there then
there's no reason to go on a fishing expedition.   If you do "KNOW" then
of course you're required to provide it.   However, for most of us the
only way we "KNOW" it is there is by interrogating NetBackup's catalogs.
If the images are expired they are no longer in the catalogs.  

Of course I am not a lawyer so you do what you think is necessary.  

I'm not suggesting hiding anything but rather that reasonable good faith
effort is all that is required to satisfy discovery.   You're not hiding
it if you don't "KNOW" which (if any) tapes have the information and are
using the tools in the way intended.  If they are "scratch" for backup
purposes they don't have the information.   In the bizarre scenario you
mention then you'd probably also not be allowed to let any tapes go
scratch in the first place.   

I have seen discovery requests that did require me to change retention
of images to infinite so that they don't expire but I've yet to see one
that tried to force me to guess where past ones might have been.  In
point of fact most discovery requests I've received relates to
information so old that the likelihood it would be on any of my current
scratch tapes is almost nil.  

-----Original Message-----
From: veritas-bu-bounces AT mailman.eng.auburn DOT edu
[mailto:veritas-bu-bounces AT mailman.eng.auburn DOT edu] On Behalf Of
bruceephx
Sent: Friday, February 19, 2010 5:47 PM
To: VERITAS-BU AT MAILMAN.ENG.AUBURN DOT EDU
Subject: [Veritas-bu] Special Tapes to policies


Thanks Jeff.  I saw another thread you participated in with the legal
discovery issues and it makes sense to me, until a court orders ALL
media held and possibly searched.  That's where it could get real ugly.
I want to send the other threads thesis to our legal beagles to see if
they buy on the scratch pool mechanism.

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|This was sent by bruce.ellefritz AT phoenix DOT gov via Backup Central.
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