Tuesday, January 02, 2007

Ms. Lindor Challenges RIAA's Attempt to Designate MediaSentry's Tom Mizzone as "fact witness" rather than "expert witness"

In further opposition to the RIAA's protective order motion in UMG_v_Lindor, in which the RIAA has argued that MediaSentry's witness Tom Mizzone is a "fact witness" rather than an "expert" witness, Ms. Lindor's attorneys have brought to Magistrate Judge Levy's attention a recent decision of the United States Court of Appeals for the Sixth Circuit, USA v. Ganier, 468 F. 3d 920 (6th Cir. Nov. 15, 2006), in which a similar argument had been made and rejected:

January 2, 2007, Letter of Ray Beckerman to Magistrate Robert M. Levy, calling attention of court to USA v. Ganier, 468 F. 3d 920 (6th Cir. Nov. 15, 2006) (MediaSentry protective order motion)*

* Document published online at Internet Law & Regulation

US v. Ganier, Slip Opinion, November 15, 2006*
US v. Ganier, Defendant's Brief*

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


michael said...

If they are allowed to say that Media Sentry is a "Fact" witness, that is just presenting the Kazaa software as any other user would, then they run into the issue of all the spoofing that goes on and an ordinary user would not be able to distinguish whether this happened or not so the evidence would become just hearsay. If however, they took efforts to eliminate the spoofing, which hasn't been proved, then they are coming in as an "expert" witness, and would have to prove the methodology used to obtain the results and why they think the defendant is the person that actually did the purported actions. The RIAA should not be allowed to have it both ways.

michael said...

Additional thoughts on the forensic issue.

Date and time differences between various servers and routers.

Hijacking of routing hubs.

Spoofing of user names and addresses.

Spoofing of files, baseing strictly on directory listing and not on content. (This is a big one. If you look at a lot of P2P sites, you will find files that purport to be a particular song, and are actually worms/trojans/viruses.)

CodeWarrior said...

I forget, who represents the RIAA?

Is it Dewey , Cheatham , & Howe
Billum,Fore,Ali,Khan, & Moore
Shyster,Shyster,Shyster,& Schnuck ?

Dreddsnik said...


The practice of using fact to hide the truth.

Alter_Fritz said...

UNITED STATES COURT OF APPEALS wrote: "[T]he record does not reflect bad-faith conduct by the government. The
government disclosed the reports that [their harddrive expert] generated with forensic software almost immediately after it received them.

To bad RIAA does not behave that resonable and violates one order after another!