Friday, June 12, 2009

Defendant objects to RIAA's technical "evidence" in Capitol Records v. Thomas-Rasset

In Capitol Records v. Thomas-Rasset, the plaintiffs' exhibit list filed earlier this week failed to note, as it was required to do, the defendant's initial evidentiary objections, so the defendant filed her own tentative list of objections. (I call it "tentative" because one cannot know ahead of time if other objections may arise during the trial).

The trial starts Monday, at the federal courthouse in Minneapolis, Minnesota.

Defendant's Objections to Plaintiffs' Proposed Exhibits
Plaintiffs' exhibit list

The numbers are references to the Federal Rules of Evidence:

402 Irrelevance
403 Prejudice, Confusion, Waste of Time
602 Lack of Personal Knowledge
702 "Testimony by experts" (fact testimony or opinion testimony based upon "scientific, technical, or other specialized knowledge" must be based on sufficient facts or data, must be product of reliable principles and methods, and principles and methods must have been applied reliably to the facts of the case")
802 Hearsay

A complete set of the Federal Rules of Evidence may be found here.

Keywords: lawyer 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 portable music player


Anonymous said...

Go Ms Thomas-Rasset,

I drink to your health happy that so many 802 hearsay calls made your objection.


Anonymous said...

This man does not recall seeing or hearing of such a detailed enumeration of objections to the technical evidence in the previous case.

He wonders if the RIAA Plaintiff's cases are simply not provable if one has to actually adhere to the law as presently written. After all, this is not like the copyright cops busting someone selling knockoff CD's and DVD's at a swap meet where physical product is present, and actually purchased in exchange for money in plain view of the cops.

And if the RIAA Plaintiffs actually know this, which is why they threaten so much but seldom actually go to trial.

However it's an axiom that every Bully has to have hit somebody once.

{The Common Man Speaking}