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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."

5 of 170 comments (clear)

  1. I'm not at all surprised by Corpuscavernosa · · Score: 5, Insightful
    When you bring so many suits on shaky legal ground, the only way to support them is with shaky "expert" testimony.

    Feel free to substitute "shaky" with "unfounded".

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    We figured out a long time ago that it's easier to elect seven judges than to elect 132 legislators.
  2. "borderline incompetent"? by Anonymous Coward · · Score: 5, Insightful

    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.

    1. Re:"borderline incompetent"? by 91degrees · · Score: 5, Insightful

      Yes. The borderline is between incompetent and dishonest:)

  3. Re:Tsk, tsk by liquidf · · Score: 5, Insightful

    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

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    i've had just about enough of your vassar bashing.
  4. Re:Ooo, look! Adversaries. by NewYorkCountryLawyer · · Score: 5, Insightful

    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.

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    Ray Beckerman +5 Insightful