Saturday, December 23, 2006

Ms. Lindor's Son Moves to Strike RIAA's Use of "Expert Witness" Declaration in Motion to Compel

In UMG v. Lindor, the RIAA, in support of its motion to compel the production by Ms. Lindor's son of his computer and music listening device, produced a declaration of their "expert":

Declaration of Doug Jacobson*

Ms. Lindor's son's attorney has objected to the use of that declaration on a number of grounds, including the fact that it opines on Ms. Lindor's hard drive even though the RIAA has for four and a half months been withholding its analysis of Ms. Lindor's hard drive:

December 22, 2006, Letter of Richard A. Altman to Magistrate Judge Robert M. Levy*

* Document published online at Internet Law & Regulation

Keywords: digital copyright online download upload peer to peer p2p file sharing filesharing music movies indie label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs


Alter_Fritz said...

Mr. Altman wrote: "I must respond to the motion by January 16. But I cannot be expected in fairness to do so without now retaining an expert witness on Mr. Raymond’s behalf, so as to challenge Dr. Jacobson’s testimony and conclusions.[...]Accordingly, I am respectfully asking that Your Honor either strike Mr. Jacobson’s declaration from plaintiff’s motion papers, or in the alternative, extend my time to respond to the motion for 90 days from the original deadline of January 16. [...] I also request a ruling in the alternative, if the declaration is not stricken, that I may hire my own expert witness and that plaintiff be required to pay in advance all of the expenses for that witness."

This Request (and the alternative solution) sound fair to me.

raybeckerman said...

They are very fair. This is good guy Richard, not RIAA Richard.

Alter_Fritz said...

Ray wrote "This is good guy Richard, not RIAA Richard.


P.S. In case we don't read from each other again so soon: Peacefull (and RIAAmusic free) holidays to you and "Guten Rutsch"!

raybeckerman said...

Alter_Fritz said..."In case we don't read from each other again so soon: Peacefull (and RIAAmusic free) holidays to you and "Guten Rutsch"!"

Thank you and "frohe Weihnachten".

(did I say that right?)

Alter_Fritz said...

ja, that was ok.

raybeckerman said...

Then I wish you a gl├╝ckliches neues Jahr.

Alter_Fritz said...

i just guess here:
he is making this conclusion because there is no LAN IP in the registry values he claims to have inspected if i understand his statement correctly

He just referes to wireless because that was a defence if i remember correctly earlier courtpapers.

of course you can't distinguish if wireless router or wired, but you can distuingish if LAN setup at all with router at all.