Sunday, November 11, 2007

Practice Tip: Investigate Dr. Jacobson's Interest in "Audible Magic" and "CopySense"

If he didn't earn a nickel in "expert witness" fees, Dr. Jacobson would have a strong financial interest in the RIAA's litigation juggernaut.

He admitted at his deposition in UMG v. Lindor that the company which he co-owns has a 'partnership' with the Audible Magic company, which makes 'CopySense' filtering software.

Audible Magic tries to sell CopySense to local area networks, such as colleges, universities, and large employers. It is part of its sales pitch that the software will help the customers avoid having to deal with RIAA lawsuits.

And who plays a key role in RIAA lawsuits, acting as the RIAA's sole witness to copyright infringement? Dr. Doug.

Ohio University, which had been singled out by the RIAA as, supposedly, the number one institution for copyright-infringing filesharing, bought Dr. Doug's software for $60,000 + $16,000 per year "maintenance" (or is the word "protection money"?), and miraculously, the RIAA's letters stopped immediately.

Practitioners should probe, through interrogatories, document requests, and depositions, and independent investigations as well, Dr. Doug Jacobson's indirect financial interest in the success of the RIAA's litigation onslaught.

Keywords: digital copyright online 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


bbsux said...


This this be grounds (or appeal-able material in RIAA v Thomas) for excluding all testimony Dr Jacobson has given in cases and trials?

I mean having this kind of conflict of interest seems to be, not a lawyer, illegal. All of his testimony should be considered tainted.

Igor said...

bbsux, I think it goes to the weight/credibility of the testimony not admissibility. Basically, something to be brought out on cross examination.