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What Questions Would You Ask An RIAA 'Expert'?
NewYorkCountryLawyer asks: "In UMG v. Lindor, the RIAA has submitted an 'expert' report (pdf) and 26-page curriculum vitae (pdf), prepared by Dr. Doug Jacobson of Iowa State University who is the RIAA's expert witness in all of its cases against consumers, relating to alleged copyright infringement by means of a shared files folder on Kazaa, and supposed analysis of the hard drive of a computer in Ms. Lindor's apartment. The RIAA's 'experts' have been shut down in the Netherlands and Canada, having been shown by Prof. Sips and Dr. Pouwelse of Delft University's Parallel and Distributed Systems research group (pdf) to have failed to do their homework, but are still operating in the USA. The materials were submitted in connection with a motion to compel Ms. Lindor's son, who lives 4 miles away from her, to turn over his computer and music listening devices to the RIAA. Both Ms. Lindor's attorney (pdf) and Ms. Lindor's son's attorney (pdf) have objected to the introduction of these materials, but Dr. Jacobson's document production and deposition are scheduled for January and February, and we would love to get the tech community's ideas for questions to ask, and in general your reactions, thoughts, opinions, information, and any other input you can share with us. (In case you haven't guessed, we are the attorneys for Ms. Lindor.)"
It used to be that some poor sap would ask a legal question in Ask Slashdot, and he would be told to seek the advice of a real, actual attorney.
Now, we have an attorney posting an Ask Slashdot because he doesn't know how to argue his own case.
This is sad. Sad, indeed. I seriously hope that you are not actually being compensated by Ms. Lindor for this legal "work".
They don't grade fathers, but if your daughter's a stripper, you fucked up. --Chris Rock
1) How can a digital copy harm sales when the people downloading it weren't likely to buy the bloody album in the first place?
2) What good comes to the artists from the rabid enforcement of copyright laws through frivolous litigation?
3) Do you like George Wendt and would you eat beans with him?
1) What kind of heartless bastard sues a 12-year-old-girl for downloading music? ...so you've never, ever compiled, listened to, or passed on a mixed tape in your life?
2) (as elsewhere)
3) THE WORDS YOU ARE USING TO REPLY TO THESE QUESTIONS WERE INVENTED BY OTHER MEN- YOU HAVE STOLEN THEIR WORDS! SUBMIT TO YOUR OWN WRATH!
(on the more serious side)
1) What kind of unholy ritual summoned you and Jack Thompson to besiege our world?
2) Was Hitler there physically, or merely in spirit? Or some kind of spirit-body limbo state, perhaps?
(on the most serious side)
There is no serious question to ask this guy. I hope RIAA gets sued into extinction and replaced.
It does not appear to be mentioned but ethically I think you need to ask your clients if they in fact were infringing copyright. If so then you need to negotiate a fair settlement. Every one here seems to assume they are guilty and are trying to make a legal excuse or loophole for them to get off on a technicality. If they did the crime they need to suffer the consequences. All of that aside. Lets assume they are innocent. Who had access to the computers that may have shared the files. Are there any malware type programs on the system that would allow remote access and the subsequent infringement was caused by an outsider. Lastly is there publicly available access to the home network. That is where you need to attack the problem. If your clients have evidence on their computers that could prove their innocence then by all means turn it over. The RIAA's experts may be more experienced than yours at tracking down the real offenders any ways.