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Plaintiff says it would be difficult to remove his data before the November 15 deadline because of the downloading speed, 'problems' with defendant's servers, and the added cost of an external hard drive (Romack Decl. Bitcasa replies that 7.7 terabytes would be enough space to store 1.6 million songs, or 2.7 million photos, or nearly 4,000 high-definition movies (Opp. Those data, plaintiff states, consisted of photographs and other personal data 'that is really important to me, that does not exist elsewhere, and that is simply not replaceable' (Romack Decl. ¶¶ 10, 12).Īs of October 23, however, plaintiff had 7.7 terabytes of data stored with Bitcasa. Approximately 77.6% of the Infinite plan subscribers had less than one terabyte of data and saw no effective increase in price (Taptich Decl. The data on the old servers would be deleted (Taptich Decl.

If individuals wished to continue using Bitcasa's services, they had to 'migrate the data that they wanted to keep' on to new servers.

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Individuals could (1) store up to five gigabytes for free (2) store up to one terabyte for $10 a month (or $99 a year) or (3) store up to ten terabytes for $99 a month (or $999 a year). On October 23, 2014, Bitcasa announced that it was eliminating the 'Infinite' plan, giving customers until Saturday, Novem23 days - to accept one of three plans or to remove all of their data before it was permanently deleted on Sunday, November 16. The Infinite plan turned out badly for Bitcasa, in part, because 0.1% of customers (one in every one thousand) stored more than ten terabytes of data and some customers allegedly used personal accounts for commercial use (Taptich Decl. Plaintiff Shawn Romack renewed his $99-per-year Infinite plan in June 2014 (Romack Decl. If we suspend or termination your use, we will make commercially reasonable efforts to let you know in advance and help you retrieve data, though in some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may terminate access and delete your digital belongings immediately without prior notice to you.Ī year ago, Bitcasa announced that it was discontinuing the 'Infinite' plan, but then-current customers could continue with their $99-per-year Infinite plan subscription. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. We may stop, suspend, or modify the Services at any time without prior notice or liability to you. 4).īitcasa's terms of use, dated November 19, 2013, stated (Compl. Ten terabytes are 'the data equivalent of 3.5 million photos or over 5,000 high-definition movies' (Opp. One thousand gigabytes equals one terabyte. Listed from smallest to largest: byte, kilobyte, megabyte, gigabyte, terabyte, and petabyte. Individuals could either: (1) store ten gigabytes of data for free, or (2) purchase the 'Infinite' plan, which was an 'unlimited storage plan' for $99 a year (Taptich Decl.

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It also used 'zero knowledge data encryption,' meaning that only the customer with the username and password (not Bitcasa) could see the data inside the accounts.

Bitcasa did not own servers but instead rented storage space from others.

provided cloud data-storage services so that individuals could upload and store electronic data, including photographs and videos, to a remote server. Here are the details.ĭefendant Bitcasa, Inc. In essence, the named plaintiff in this putative class action seeks to enjoin a cloud datastorage company from discontinuing an unlimited data-storage plan. For the reasons stated herein, the motion for a preliminary injunction is GRANTED IN PART AND DENIED IN PART. Defendant opposes and moves to dissolve the temporary restraining order. In this putative class action involving cloud data-storage services, plaintiff moves for a preliminary injunction. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE ORDER GRANTING IN PART AND DENYING IN PART PRELIMINARY INJUNCTION

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