The magistrate judge didn't agree with the argument and now neither did Judge Florence-Marie Cooper. She disagreed that data in the RAM is not "stored", saying the storage of data in RAM, even as temporary, makes it electronically stored information governed by federal discovery rules. She also dismissed concerns that the ruling could have a significant impact as far as record-keeping obligations.
"The Court notes that this decision does not impose an additional burden on any website operator or party outside of this case," reads the order. "It simply requires that the defendants in this case, as part of this litigation... begin preserving and subsequently produce a particular subset of the data in RAM under Defendants' control." Since Torrentspy doesn't log, it doesn't really affect this case, but the example has been set for data stored temporarily in RAM
Source:
Ars Technica