Netbula objected to the motion on the ground that defendants were asking to alter Netbula's web site and that they should have subpoenaed Internet Archive for the pages directly. An employee of Internet Archive filed a sworn statement supporting Chordiant's motion, however, stating that it could not produce the web pages by any other means "without considerable burden, expense and disruption to its operations."

Who did Netbula believe was the entity that should be responsible for the availability of its snapshots?