In UMG v. Lindor, for the first time in any RIAA case of which we are aware, Marie Lindor has served an expert witness report critiquing the RIAA's expert witness, Dr. Doug Jacobson.
Prof. Johan Pouwelse, the same professor who provided the expert witness declaration in Foundation v. UPC Nederland in the Netherlands, which stopped the RIAA's attempt to mount a similar litigation campaign in that country, stated in his report that:
-there are certain procedures needed to be taken in order to establish if a certain computer is being used to make copyrighted works available for download, which steps were not taken;
-the RIAA's expert witness's work lacked "in-depth analysis" and "proper scientific scrutiny";
-the reports were "factually erroneous";
-statements in Jacobson's report were contradicted by his deposition testimony;
-numerous institutions have received false claims by MediaSentry;
-MediaSentry's techniques have never been properly tested, are overly simplistic, and fail the test for accurate peer to peer file sharing measurement;
-Verizon's response to the record companies' subpoena demonstrates that the subpoena used to identify Ms. Lindor's account was flawed;
-the lack of hard drive evidence corroborating the MediaSentry claim further demonstrates the unfounded nature of Jacobson's conclusions;
-no alternative explanations were investigated;
-no checks were conducted to determine a potential rate of error;
-no standards or controls exist;
-Jacobson's methods are "self-developed" and "unpublished";
-Jacobson's methods are not peer reviewed and not accepted by the scientific community; and
-Jacobson's investigative process was "unprofessional".
The report concluded that the Jacobson reports demonstrated "borderline incompetence" and that the "allegations of copyright violations are not proven".
The materials reviewed by Prof. Pouwelse are the February 23, 2007, deposition of Prof. Doug Jacobson, and exhibits and Dr. Jacobson's December 2007 supplemental report.
February 13, 2008, Expert Witness Report of Prof. Johan Pouwelse*
* Document published online at Internet Law & Regulation
Commentary & discussion:
Keywords: digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property
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