Sunday, June 22, 2008

Unlicensed investigation complaint filed against MediaSentry in North Carolina

In court papers filed in BMG v. Doe 1 in North Carolina, it was revealed that a North Carolina State University "John Doe" has filed an unlicensed investigation complaint against MediaSentry with the North Carolina Private Protective Services Board, the agency which regulates private investigators in North Carolina.

Doe response in BMG v Doe 1
Doe brief in Elektra v. Doe
Stephen Robertson affidavit in Elektra v. Doe



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

12 comments:

Shane said...

Ah, Media Sentry.

A recent article on Safe Net (I don't have the link handy) described their process of looking for p2p users (computers, really) offering files with hashes known to SafeNet. SafeNet logged the IPs of those computers and presumed them guilty--without downloading the files. When SafeNet saw a file with a hash they didn't recognize, they downloaded the file (without knowing for certain what it was) and ran it through an automated song identifying program from Audible Magic to figure out what it was--or if was even a song in the first place. This means that Media Sentry is not only one of the countries most prolific illegal and unlicensed private investigators but also most likely one of the country's most prolific illegal downloaders since they download music files without knowing if the copyrighted file belongs to a client who has granted SafeNet authorization to copy the file to SafeNet computers.

Due to the sheer number of files SafeNet downloads without knowing if they are authorized to do so, statistically SafeNet almost certainly has illegally downloaded several orders of magnitude more files than any one of the users SafeNet and the RIAA have colluded to sue. But, SafeNet and the RIAA hold themselves to an entirely different set of rules than they hold the public.

Alter_Fritz said...


--It is Plaintiffs who misrepresent the activities of MediaSentry, not the Defendant.
In support of that contention, Defendant attaches hereto the Declaration of Elizabeth
Hardwick in Atlantic Recording et al., v. Pamela and Jeffrey Howell, 2:06-cv-02076-
PHX-NVW (U.S. Dist. Ct. AZ) (Exhibit 3). In this affidavit, executed approximately one
year ago in a case nearly identical to this one, MediaSentry’s representative states:
“[o]nce connected to the user’s computer …” (Hardwick Aff. ¶ 6), “,,, MediaSentry
captures as a text file all of the contents of the user’s shared directory ….” And,
“MediaSentry does nothing to create this text file; it exists on the user’s hard drive.
(Hardwick Aff. ¶ 7, emphasis added). In short, the Hardwick Declaration makes clear that MediaSentry accesses the user’s hard drive to, among other things, take “text files”
from it. Plaintiffs’ statement that MediaSentry does not access the hard drives of private
citizens (Pls’ Resp. ¶ 4) is contradicted by the Hardwick Declaration.--


so...
if this is not just another case of "sorry our experts/witnesses/clients/lawyers misspoke" of course, I guess It should be safe to say "I love the smell of bitten buttocks in the evening" given that the judge who has to decide over those papers is indeed an impartial judge and not a RIAA undercover agent.

Scott said...

Shane,

Please try to find the link to the article. It could be useful. Thanks.

Justin Olbrantz (Quantam) said...

"But, SafeNet and the RIAA hold themselves to an entirely different set of rules than they hold the public."

Obviously. The RIAA and SafeNet are the "good guys". It's imperative that the "bad guys" be found and vanquished, and if laws have to be sacrificed for the greater good of justice, so be it.

Jadeic said...

This is one version of the MediaSentry article that I picked up.

Dave

Shane said...

@ Scott

The article Dave/jadeic linked to is the one I had in mind.

Anonymous said...

The undersigned has redacted the Doe number of the client he represents in that suit because it has been the undersigned’s experience that, once the Plaintiffs know that a given Doe Defendant has challenged an expedited discovery request, Plaintiffs grossly increase the amount of their settlement demand from that Doe Defendant.

...In a transparent attempt to exact punitive damages from Defendants merely for exercising their legal rights.

XxX

DreadWingKnight said...

The big thing that bothers me about the article linked above is that the computer's specs don't really have a significant influence on an mp3's resultant hash identifier.

Assuming two identically-configured ripping software suites on two different computers with two different hardware configurations, typically the resultant mp3(/mp4/ogg/flac/whatever exotic format) file will ultimately be identical.

Tracking a file's origin is as hard as conclusively identifying a potential infringer (near-impossible) because of this standard.

Alter_Fritz said...

DWK
you know why they start to say that?!

As "RIAA-will be judge soon"-Gabriel claimed they are able to proof that Jamie is liable non the less since he claimed they found recordings on her HDD that were the same as "known pirated copies".
So they must now seed this missinformation that every copy of a CD one does from their own owned ones is indeed different and if RIAA "sees" more then one instance of a given hash in a folder that is "made available" that this is proof that all others then one of the guys with the same file msut have copied it from Doe1 in violation of Copyrightlaw.

Of course their technical argument is nonsense [1], but what do you expect from "their" misinformation sources? (it was Billboard this time that brought the story initially since obviously one of their guys was invited to the RIAA terrorist hideout cave to view their faked demonstration and listen to the technical lies of the RIAA guy that prefered to stay anonymous according to the story)

[1] find below an condensed excerpt from a logfile created by a ripping software called Exact Audio Copy (EAC) (+).
Take note of the entries where it says "confidence xx"! As you can see these values are in 2 digit range which means at least so many differnt people has ripped anohter copy of that Herbert Grönemeyer CD and the Software created an exact copy like mine from their CDs too.
So it's clear that RIAA lied again about a technical fact probably in anticipation for the probably new trial and the naive Billboard guys reported that lie as if it were a technical fact! Lets give them the benetif of doubt that they did so only because fo incompetence/lack of journalistic professionalism to fact check your sources and not because of a malicious colluding with RIAA attempt by them!


Exact Audio Copy V0.99 prebeta 1 from 25. May 2007
EAC extraction logfile from 24. June 2008, 22:24
Herbert Grönemeyer / Ö
Used drive : DVDRW DR1M4 Adapter: 0 ID: 0
Read mode : Secure
Utilize accurate stream : Yes
Defeat audio cache : Yes
Make use of C2 pointers : No
Read offset correction : 12
Overread into Lead-In and Lead-Out : No
Fill up missing offset samples with silence : Yes
Delete leading and trailing silent blocks : No
Used interface : Installed external ASPI interface
Gap handling : Not detected, thus appended to previous track
Used output format : User Defined Encoder
Selected bitrate : 768 kBit/s
Quality : High
Add ID3 tag : No
Command line compressor : C:\Programme\Exact Audio Copy\FLAC\FLAC.EXE
Additional command line options : -6 -V -T "ARTIST=%a" -T "TITLE=%t" -T "ALBUM=%g" -T "DATE=%y" -T "TRACKNUMBER=%n" -T "GENRE=%m" -T "COMMENT=%e" %s -o %d
TOC of the extracted CD
Track | Start | Length | Start sector | End sector
---------------------------------------------------------
1 | 0:00.00 | 4:38.10 | 0 | 20859
2 | 4:38.10 | 4:31.40 | 20860 | 41224
3 | 9:09.50 | 5:22.60 | 41225 | 65434
4 | 14:32.35 | 4:40.42 | 65435 | 86476
5 | 19:13.02 | 3:29.58 | 86477 | 102209
6 | 22:42.60 | 3:44.32 | 102210 | 119041
7 | 26:27.17 | 4:37.33 | 119042 | 139849
8 | 31:04.50 | 3:52.52 | 139850 | 157301
9 | 34:57.27 | 4:09.28 | 157302 | 176004
10 | 39:06.55 | 6:16.20 | 176005 | 204224
Track 1
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\01_Was_Soll_Das.wav
Peak level 100.0 %
Track quality 100.0 %
Copy CRC A028E6E2
Accurately ripped (confidence 16) [AC806C6B]
Copy OK
Track 2
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\02_Vollmond.wav
Peak level 100.0 %
Track quality 100.0 %
Copy CRC D2A68EFC
Accurately ripped (confidence 16) [652E660D]
Copy OK
Track 3
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\03_Komet.wav
Peak level 100.0 %
Track quality 100.0 %
Copy CRC 32301F3D
Accurately ripped (confidence 16) [02539EAF]
Copy OK
Track 4
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\04_Mit_Gott.wav
Peak level 92.7 %
Track quality 99.9 %
Copy CRC CB801CC8
Accurately ripped (confidence 16) [63DEFE3D]
Copy OK
Track 5
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\05_Halt_Mich.wav
Peak level 73.6 %
Track quality 100.0 %
Copy CRC 9A87D7EF
Accurately ripped (confidence 16) [DACB7B64]
Copy OK
Track 6
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\06_Keine_Heimat.wav
Peak level 100.0 %
Track quality 100.0 %
Copy CRC 690E3B0A
Accurately ripped (confidence 16) [9E80DD0C]
Copy OK
Track 7
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\07_Herbsterwachen.wav
Peak level 99.6 %
Track quality 100.0 %
Copy CRC 23169746
Accurately ripped (confidence 16) [39EF7053]
Copy OK
Track 8
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\08_Fragwürdig.wav
Peak level 100.0 %
Track quality 100.0 %
Copy CRC EF5A96BC
Accurately ripped (confidence 16) [936AE7AE]
Copy OK
Track 9
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\09_Bist_Du_Taub.wav
Peak level 87.7 %
Track quality 99.9 %
Copy CRC 2866DE6E
Accurately ripped (confidence 16) [492D2492]
Copy OK
Track 10
Filename C:\Dokumente und Einstellungen\Alter_Fritz\Eigene Dateien\Eigene Musik\CDtoFLAC\Herbert Grönemeyer\Ö\10_Was_Soll_Das_(Verlängerter_Neumix).wav
Peak level 82.5 %
Track quality 99.9 %
Copy CRC 3F9F52A4
Accurately ripped (confidence 15) [438DDDAB]
Copy OK
No errors occurred
End of status report"



(+) http://www.exactaudiocopy.de/en/index.php/resources/download/



P.S. me is excused for my wrongdoingly funding of evil RIAA member EMI. That CD is oold, the moeny the ygot from that sale is long gone for "flowers" in their accounting so me is not guilty of funding their war against consumers nowadays!

Ray Beckerman said...

I decided to remove the anonymous post which contained an unsubstantiated accusation. If it is resubmitted, with substantiation, I will then run it.

Alter_Fritz said...

anonymous probably mixed up surnames

the "media sentry"-fessler seems not to be the "somehting-depo" fessler.

But it would have been a "funny" sidenote if it were this case:
"MPAA hire illegal hackers to gather "evidence" against torrent site and violates copyright laws themself [this film is not rated yet] while RIAA hires other criminal scumbags".

:-P

Alter_Fritz said...

sorry forgot the source links for my previous infos

http://www.zoominfo.com/people/Fessler_Eric_127763298.aspx
vs
http://www.zoominfo.com/people/Fessler_Aaron_696824.aspx