Oklahoma Security Expert Attacks RIAA Claims

NewYorkCountryLawyer writes "A group of Oklahoma University students has made a motion to vacate the ex parte order the RIAA had obtained compelling the university to turn over their names and addresses. In support of their motion was the expert witness declaration (PDF) of a computer security and forensics expert who essentially attacked the entire premise of the RIAA's lawsuit, characterizing the declaration upon which the RIAA based its motion as 'factually erroneous' and 'misleading.' Among other things he pointed out that 'An individual cannot be uniquely identified by an IP address,' and that 'Many computers can be connected to the Internet with identical IP addresses as long as they remain behind control points.' The students are represented by the same Oklahoma lawyer who recently obtained a award for $68,000-plus in attorneys fees against the RIAA in Capitol v. Foster."

Comments

What's taken so long?

[willow]

I'm wondering why it's taken other lawyers so long to realize the RIAA is ripe for fleecing with their undefendable suits. Surely the lawyer vs. lawyer guys would have figured out by now that the RIAA, with so much $$$, is ripe for plucking...

I'm actually ashamed of this, BTW :)

Re:Oh come on

[NewYorkCountryLawyer]

The problem seems to be growing the awareness of these basic facts among the judiciary: cases like this can only help in that regard, I'd think. Those of the legal mind are fond of informing laymen that the law is complex and ever-changing and that only one who is properly trained could possibly comprehend its intricacies. I personally believe that the law is often more complex than it needs to be (and that is certainly no accident) but, okay, I'll buy that argument. As an engineer I cheerfully admit that the law is an arcane mystery, and I would certainly never set foot in court without proper representation. However, the truth is that the global network and the technologies behind it are pretty goddamn complex as well, and change more often than the average trial lawyer changes his boxers. Gross oversimplifications and prevarifications regarding network technology, such as those pulled out of thin air by the RIAA's so-called "expert witness", have so far resulted in several severe miscarriages of justice. Unfortunately, while it is a necessity to have legal representation in a technical case, there seems to be no corresponding requirement that the legal beagles involved have a clue about technological underpinnings of said case. Given how successful the RIAA has been with the testimony of Mr. Linares, it's apparent that expert witnesses are of no help when the people making the legal decisions don't have the mental knowledge base to tell the wheat from the chaff. The Linares dribble -- like the Whitehead dribble which preceded it -- "succeeded" only because it was used only in ex parte cases, where there was no opposition. Now that opposition is starting to form, and now that judges are starting to reject even the ex parte motions, awareness may be growing among members of the judiciary.