Slashdot Mirror
RIAA Security Expert's Quest For Reliability
NewYorkCountryLawyer writes "In the ongoing case of UMG v. Lindor, Ms. Lindor has now moved to exclude the trial testimony of the RIAA's 'expert' witness, Dr. Doug Jacobson. Jacobson is the CTO and co-founder of Palisade Systems, Inc, and a teacher of internet security at Iowa State, but in his February 23rd deposition testimony she argues he failed to meet the reliability standards prescribed by Daubert v. Merrell Dow Pharmaceuticals, Inc. and Federal Rule of Evidence 702. The Groklaw and Slashdot communities participated in both the preparation of the deposition questions, and the vetting of the witness's responses."
RTFA and follow the links.
The main argument is that all of his testimony is based on assuming the ISP and MediaSentry provided accurate information. MediaSentry and the ISP are not going to testify. In his deposition, the RIAA "expoert" stated he has no idea how MediaSentry or the ISP came to their conclusions. The cases sited require that the expert testimony start with verifiable facts, not with unverifiable information provided by third parties that will not even be in court.
Furthermore, the sited case law requires that the expert use peer reviewable methods. The RIAA's "expert" made up his own methods that have never been published or reviewed. So he can't be considered an expert by the court.
I kind of hope the judge refuses this motion. The RIAA's "expert" made enough errors in his deposition that he will be made a laughing stock on the stand.