In SONY v. Arellanes, the Court has refused to allow the RIAA untrammelled access to the defendant's hard drive, holding instead that only a mutually agreeable, neutral computer forensics expert may examine the hard drive, and that the parties must agree on mutually acceptable provisions for confidentiality:
October 27, 2006, Order, Restricting Hard Drive Inspection to Inspection By Mutually Agreed Upon Neutral Computer Forensics Expert*
Ms. Arellanes is represented by John G. Browning, of Browning & Fleischman, located in Dallas, Texas.
* Document published online at Internet Law & Regulation
EDITORIAL COMMENT: "This ruling is of great importance, and should be considered a model to be followed in all future RIAA v. Consumer litigations. The chicanery and gamesmanship that is going on behind the scenes with the hard drive report in the UMG v. Lindor case, which my office is handling, demonstrates that it is not safe to permit the RIAA to conduct its own, behind the scenes hard drive analysis by its own so called expert. The SONY v. Arellanes decision balances and protects the rights of both sides in a fair and evenhanded manner, which is usually anathema to the RIAA."
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