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RIAA Expert Witness Called "Borderline Incompetent"
NewYorkCountryLawyer writes "Prof. Johan Pouwelse of Delft University — one of the world's foremost experts on the science of P2P file sharing and the very same Prof. Pouwelse who stopped the RIAA's Netherlands counterpart in its tracks back in 2005 — has submitted an expert witness report characterizing the work of the RIAA's expert, Dr. Doug Jacobson, as 'borderline incompetence.' The report (PDF), filed in UMG v. Lindor, pointed out, among other things, that the steps needed to be taken in a copyright infringement investigation were not taken, that Jacobson's work lacked 'in-depth analysis' and 'proper scientific scrutiny,' that Jacobson's reports were 'factually erroneous,' and that they were contradicted by his own deposition testimony. This is the first expert witness report of which we are aware since the Free Software Foundation announced that it would be coming to the aid of RIAA defendants."
Feel free to substitute "shaky" with "unfounded".
We figured out a long time ago that it's easier to elect seven judges than to elect 132 legislators.
To me it sounds like more like "borderline dishonest". Anybody with a Ph.D (especially in something technical) is automatically going to have a strong understanding of the scientific method.
When someone in this position does things that are "unscientific", it means they know that a respectable study won't produce the desired conclusions.
After reviewing the material listed below I conclude the following
A)Two reports by Dr Jacobson where[sic] based in itotal on roughly an hour of work
indicates that Dr Jacobson is not competent to judge the accuracy of information...
the investigative process has been unprofessional
and of course the incompetence claim. The brilliance of this is that in reality Pouwelse hasn't done that much work himself because he just uses the report itself to slam the guy down. This isn't a case of an independent study finding a different result, this is the original report itself undermining its own principle.
Its like a Daily Show episode playing out in court.
An Eye for an Eye will make the whole world blind - Gandhi
He was hired by the RIAA as an expert witness, and obviously felt, either consciously or subconsciously, that in exchange for the money he was paid, that he should please his benefactors. I think this is the only type of witness they could have employed however, as any expert who had a higher moral compass, or ability to take an unbiased view of the task at hand, would find that the RIAA's arguments are indeed, seriously lacking in substance.
The Mothership
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he's calling his work borderline incompetence, and specifically his work for the RIAA in these cases. then he goes on to say exactly what parts he is looking at to come to the conclusion that his work demonstrates incompetence. i read the document, not thoroughly, but many of his points are valid. jacobsen claims he knows the methods and software mediasentry uses, then testifies he really does not. same for verizon and IP address distribution/allocation/whatever. to claim a vast, detailed knowledge about something, but only display the knowledge you really have and blanket it under a broad, generic definition of how something really is and/or works (then base a lawsuit around it!) is demonstrating [borderline] incompetence
i've had just about enough of your vassar bashing.
What smear? If he doesn't know what he's talking about on a given subject but insists that he does, it is perfectly fair to point that out, which this report has done. If his actions and testimony is borderline incompetent, then so be it. Name and reputation are only indicative of current credibility. If testing and research erodes that credibility, then it's his problem, and not the FSF's.
Incidentally, I believe that in the legal world the terms "competence" and "incompetent" mean something specific, and IIRC it is not name-calling to label an expert witness as either. (e.g. "competent to stand trial").
Quo usque tandem abutere, Nimbus, patientia nostra?
Yes, when incompetent expert witnesses are called to the stand, we absolutely do want them called incompetent. Even Dr Michael Behe has years of experience in real world biology, it doesn't make him any less of a quack. Same for this guy, I don't know if his published research is quackery, or if he's testifying beyond his field, but it's clear he doesn't know what he's talking about. Have you even read the testimony in question?
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You just vouched for someone. You can't do that anonymously, it makes no sense and has no credibility.
A cat can't teach a dog to bark.
I mean, really. Dr. Jacobsen's background speaks for itself. He is a widely respected scientist with years of experience in real world forensics investigation. Trying to win your case by smearing his name and reputation will likely backfire with the judge.
Congratulations, you've got two kinds of stupid.
1) This is a fallacious appeal to authority. In fact, his background most definitly doesn't (and should not) speak for itself. If it did, all the RIAA would have to do is supply his name and the judge would evaluate his testimony in light of that. No, the words matter.
2) Judges do not use Slashdot or its comments to figure out how they're going to rule.
Another thing you (and your other respondents) may not know is that "incompetence" has a specific meaning in a legal context. Read that again, it's important and will be on the test later. Legal incompetence means that his expert testimony is not actually expert, or in other words "is not competent" to be considered the words of an expert. You don't become an expert witness just for having experience and getting your paycheck from a university. It's also about presenting your findings in a legally-supportable way, so when the judge calls his testimony "borderline incompetent," the judge is signalling that it may be likely to get thrown out.
When I was a kid, we only had one Darth.
1. This is the first time of which we are aware, in the 30,000 or so cases that have been brought, that a defendant has been able to retain an expert witness to do battle with the RIAA on its main case.
2. The expert this poor woman, who is a home health aide in Brooklyn, was able to retain is one of the foremost experts in the world on the science of p2p file sharing. E.g., he was selected to be the scientific director of the European Union's p2p consortium P2P-Next.
3. His opinion, that the RIAA expert's work was "borderline incompetence", is a very, very strong statement.
Sorry, I think that's newsworthy.... very newsworthy.
Ray Beckerman +5 Insightful