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Durable media

After reading a couple of recent threads ... I have a question to ask if I may ....

I should say that I do not think its that important  ... and I am probably being a bit pedantic  ...

Durable media

Looked up a couple of meanings for the above , this seamed the best
"durable medium means any instrument which enables the Client to store information in a way accessible for future reference for a period of time adequate to the purposes of the information and which allows the unchanged reproduction of the information stored"

so pedantic mode on ...... no DVDr or CDr only DVD or CD  .... pendrives/usb sticks  would need a locked / dated PDF

as I said not really that important in the present climate ...

Ralph B)

Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 September 2020 at 1:08PM
    My interpretation of that, in the context of small claims court cases, is that the evidence cannot be changed by the originator after it has been supplied to other parties.

    If we consider a photograph on a piece of paper, or indeed anything else on a piece paper, then that is definitely on a durable medium - it cannot be changed after being passed to the other party.

    I would suggest that a file on a DVD, CD or memory stick, whether rewritable or not, can be treated similarly. Once it has left the originator, the copy in front of the recipient cannot be changed by the originator.

    Compare that with a video on Youtube etc where the file can be changed by the originator after the link to it has been supplied to others. That file is not on a durable medium.

    I started by saying "My interpretation...". That is all it is.  :)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 24 September 2020 at 1:02PM
    I would tend to agree with KeithP , it's the chain of evidence that counts , plus the originator should keep a master copy on the same durable medium , for comparison even if it's on a dvdr as well as usb stick , buy one get one free , two is better than none

    If this were a multi million pound case , then maybe it would really matter , but not so much in small claims cases imho

    A dvdr (not a DVD-RW) or USB sticks should be sufficient in these cases , if all 3 are done at the same time , so have similar metadata embedded in them , plus the fact that the sender retains the master copy

    The new statements of truth cover the other aspects such as fraud or deception
  • DVD-r is WORM and so by definition can't be changed. 

    Usb stock sent to a c cannot be changed by the d, and vice Vera. 
  • Ralph-y
    Ralph-y Posts: 4,738 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    all makes sense ...... just my mind wandered off at a tangent thinking about it .... another lockdown syndrome ? :D

    Ralph B)
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