the problem is that the drive it self has sleep mode independet of computer ... so even a computer stays wake, the drive goes to sleep by it self and wont spin up ...

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ohhh ok, that changes things a bit, isn't there setup software for this drive to disable its sleep mode, or maybe some sort of hardware in the case to disable sleep. there would have to be a way to disable its sleep mode. maybe its in its firmware

i know it prolly wont help but did you try to deselect HD sleep when possible.