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


CodeWarrior said...

I forget, who represents the RIAA?

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

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!