tag:blogger.com,1999:blog-15479871.post2324208307668292158..comments2024-03-22T03:28:24.897-04:00Comments on Recording Industry vs The People: Arista v. Greubel continues under new case against children, UMG v. Greubelraybeckermanhttp://www.blogger.com/profile/11063235302436280455noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-15479871.post-36473334198814815362008-05-26T01:25:00.000-04:002008-05-26T01:25:00.000-04:00Now I'm not a lawyer, but it seems to me that we'r...Now I'm not a lawyer, but it seems to me that we're finally at a point that new cases brought by the RIAA should be easily dismissable before discovery as follows:<BR/><BR/>1) Motion for a more definite statement (FRCP 12(e)), i.e., more specificity as to times and places that infringing copying and distribution is alleged<BR/><BR/>2) Motion to strike the "making available" language (as there are plenty of supporting decisions now)<BR/><BR/>3) Motion to dismiss based on failure to state a claim for which relief can be granted (FRCP 12(b)6; no time/place alleged, so no actual transfer took place, so no basis for copy/distribute claim)<BR/><BR/>Regards,<BR/>ArtAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-88250723869734767352008-05-25T19:00:00.000-04:002008-05-25T19:00:00.000-04:00> Is the RIAA hiring incompetent expertsYes! (just...> <I>Is the RIAA hiring incompetent experts</I><BR/><BR/>Yes! (just use the sitesearch and search for Dr. Douglas Jacobson)<BR/><BR/>> <I>or just giving themselves options if they don't initially find files to support their claims? </I><BR/><BR/>While me of course would not accuse them of willful spoilation with evidence -which is a serious crime-; given how they "developed new evidence" like Rich wrote in the lindor case to the judge, I'm not willing to rule it out 100% either.<BR/><BR/>Given their previous record in the last ~5 years which we can observe a bit thanks to Ray's work with this blog, they surprised us more then once with hitting a new low when it comes to their conduct!Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-79898675781408407052008-05-25T15:59:00.000-04:002008-05-25T15:59:00.000-04:00Not that there is any reason to be paranoid when b...Not that there is any reason to be paranoid when being sued by the RIAA....<BR/><BR/>I was surprised to see that the "Hard drive protective order" mentions the use of "...an MD5 or equivalent hash...." While the order pre-dates the latest exploit, serious issues with MD5 were raised back in 2004. Although it remains in wide use, MD5 has been compromised. I would expect that a qualified forensic expert hired to help design the plan detailed in the order would be aware of these issues and would recommend a different hash function. Is the RIAA hiring incompetent experts or just giving themselves options if they don't initially find files to support their claims?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-20684578599760192672008-05-24T13:06:00.000-04:002008-05-24T13:06:00.000-04:00I believe Nettwerk is still in the game.I believe Nettwerk is still in the game.raybeckermanhttps://www.blogger.com/profile/11063235302436280455noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-30135712131271332752008-05-24T10:32:00.000-04:002008-05-24T10:32:00.000-04:00An interesting tactic.Drop the original case sotha...An interesting tactic.<BR/>Drop the original case so<BR/>that the financial backing<BR/>of Nettwerk music goes away.<BR/><BR/>Attack the family again when they<BR/>only have their own resources<BR/>to fight with.<BR/><BR/>I hope Nettwerk is still watching<BR/>and maybe still helping.<BR/><BR/>DreddsnikAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-15479871.post-64511254395910003822008-05-23T21:21:00.000-04:002008-05-23T21:21:00.000-04:00ok, I know I'm not a lawyer, so I have a VERY VE...ok, I know I'm not a lawyer, so I have a VERY VERY STUPID QUESTION. <BR/><BR/>Why would he refer the motion to quash to the magistrate judge instead of just saying "yes" since it's so FREAKING OBVIOUS that you can't subpoena atty-client privileged material????Rick Boatrighthttps://www.blogger.com/profile/09784119259686141351noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-20261492685437534602008-05-23T20:58:00.000-04:002008-05-23T20:58:00.000-04:00I see you still characterise Matthew Oppenheim as ...I see you still characterise Matthew Oppenheim as "the Enforcer". I am reminded of Peter Cook's (of Dudley Moore fame for my Transatlantic readers) withering description of Zsa Zsa Gabor as 'a complete non-entity'. In the scheme of things Oppenheim, too, is an irritating irrelevance who has yet to add anything constructive to the wider debate. It is axiomatic that he is beneath contempt.<BR/><BR/>DaveJadeichttps://www.blogger.com/profile/02621372649607340215noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-14096989804283603602008-05-23T20:53:00.000-04:002008-05-23T20:53:00.000-04:00to bad we only got these infos so late.If we had t...to bad we only got these infos so late.<BR/><BR/>If we had them earlier we could have had for example advised the parties that the HDD protective order is a teethless one since deleted files [which might fall under attorney to client or here -since a record label seems to be involved on the "light side"- work product privilege] on Mr Greubel's HDD are fair game since such deleted, but with HDD tools relatively easy readable files, fall NOT under the order or will be included in a log file from the Attorneys if the procedure is handled like it is outlined in that stipulation!<BR/><BR/>Further I refrain from commenting since it would end probably in a Rule 7 violation given what I have read about the behaviour of RIAA this time!Alter_Fritzhttps://www.blogger.com/profile/10861406779872744163noreply@blogger.comtag:blogger.com,1999:blog-15479871.post-58967427822448779962008-05-23T20:49:00.000-04:002008-05-23T20:49:00.000-04:00Excuse me while I re-calibrate my Appall-ometer. I...Excuse me while I re-calibrate my Appall-ometer. It appears to have gone off the top of the scale.<BR/><BR/>DaveJadeichttps://www.blogger.com/profile/02621372649607340215noreply@blogger.com