Monday, June 16, 2008

Media Sentry responds to reconsideration motion in UMG v. Lindor

In UMG v. Lindor, MediaSentry has submitted a response to Ms. Lindor's reconsideration motion concerning the Magistrate Judge's preliminary order indicating denial of defendant's motion to compel MediaSentry to respond to the subpoena duces tecum which had been served upon it in November 2007.

June 16, 2008, Letter of Thomas M. Mullaney to Hon. Robert M. Levy



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3 comments:

Albert said...

I don't seem to remember the Plaintiffs bringing up impeachment is their letter, so kinda makes me wonder what they speak of.

Sorta reminds me of the Drunk Driving cases here in Florida where the State was forced to provide source code for the device, or dismiss.

I guess the Plaintiffs think it is perfectly fair to treat the Media Sentry evidence like a Black Box and not permit Defense examination over the means that were used. Considering the number of times that they have gone after things such as UNASSIGNED IP addresses, I think a deep examination of the means of evidence gathering is clearly in order, as there are clear problems that I see in their evidence. For the Plaintiffs to get away with this is clearly wrong. Do they not need to have a fact or expert witness to testify as to each and every fact in their case??

Albert

Shane said...

I must say that it is disturbing that the plaintiffs essentially claim to have a magic box that spits out the names of guilty parties, that the details of the box are secret and the accuracy of the box must be presumed to be perfect.

I do hope that a judge will see their bald assertions for what they are.

Douglas Perkins said...

I suppose it's a relief that MediaSentry didn't have anything significant to say in their motion.

Albert: what you said too. In one sentence. "We must look at how the evidence was gathered in order to determine its reliability."