We've received a report that in Atlantic v. Andersen, where the RIAA made a motion to compel complete access to Tanya Andersen's computer to make a "mirror image" of her hard drive, federal judge Donald Ashmanskas declined to allow that, and instead granted Ms. Andersen's request to appoint a neutral expert who would be given a specific list of files and an identified protocol to review her computer.
The RIAA had proposed using "specialized tools and methods" along with "licensed software" and a "special device" to accomplish their review by private forensic expert. The judge did not feel that both parties interests were adequately protected with this process.
The following notation appears on the court record:
"MINUTES of Proceedings: Record of Telephone Status Conference before Judge Ashmanskas - ORDER: (1) Stay of this matter pending conclusion of computer hard drive examination by a neutral expert; (2) Cost of hard drive examination to be born by plaintiffs at this time, with leave to request allocation of costs; (3) Denying plaintiffs' motion to compel as moot; (4) Striking the 4/4/06 telephone status conference. James Ruh, William Patton, Nadia Sarkis present as counsel for plaintiff(s). James Murphy, Lory Lybeck, Brian Hodges present as counsel for defendant. Court Reporter: None. Donald C. Ashmanskas presiding."
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