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RIAA's SafeNet Caught In a Lie

NewYorkCountryLawyer writes "For the past 2 years, the RIAA and its attack dog SafeNet (formerly known as MediaSentry) have been trying to avoid disclosure in UMG v. Lindor by telling the judge that MediaSentry is NOT an expert, that it does not use any technical expertise to get the 'evidence', and that it does only 'what any other Kazaa user does'. We have just discovered that in administrative proceedings in Michigan, attacking it for engaging in the business of investigation without a license, MediaSentry has taken the exact opposite position, comparing itself to chemical engineers, surveyors, physicians, geologists, and other expert witnesses who rely on their technical expertise. Today we went public with some of the contradictions. Now let's hope Michigan's Department of Labor and Economic Growth finds out about it."

24 of 242 comments (clear)

  1. What a mixed day... by dahitokiri · · Score: 3, Insightful

    FISA vs. Jack Thompson and SafeNet... I'm not sure whether to cry or laugh...

  2. Bending the truth may be light by martinw89 · · Score: 5, Insightful

    Sounds to me more like lying, what with the two stances being exact opposites.

    1. Re:Bending the truth may be light by techno-vampire · · Score: 4, Insightful

      It's not exactly lying, because they're not making statements that are false to fact. What they're doing, however is trying to have their cake and eat it too. They want to be considered experts in cases where that gives them special advantages and laymen in cases where they'd get in trouble pretending to be unlicensed experts.

      --
      Good, inexpensive web hosting
    2. Re:Bending the truth may be light by Anonymous Coward · · Score: 3, Insightful

      If we're going to strive for precision in our wording: it's perfectly reasonable to have your cake and eat it too - where the trouble starts is if you try to eat your cake and have it too.

    3. Re:Bending the truth may be light by Anonymous Coward · · Score: 5, Insightful

      It might not exactly be lying, but it's the kind of thing that would really piss a federal judge off!

    4. Re:Bending the truth may be light by Paradise+Pete · · Score: 2, Insightful
      They have made two mutually exclusive statements. At least one of them is necessarily a lie.

      --
      Only if they are made simultaneously. In this particular case almost certainly a lie, but not necessarily.

    5. Re:Bending the truth may be light by Idiomatick · · Score: 5, Insightful

      I congratulate you for making a nerdy joke even more nerdy. More importantly, one that's technically correct ... the best kind of correct.

    6. Re:Bending the truth may be light by moxley · · Score: 2, Insightful

      IF we're wishing death upon people (not that a few deaths is going to fix a truly broken system where corruption has been institutionalized) - but again, if you're wishing death on people, I think you may want to aim a little higher than the RIAA.

  3. Contradictions mean nothing by BadAnalogyGuy · · Score: 2, Insightful

    The Bible has many contradictions. There are two *different* Creation stories, right off the bat!

    But you know what? People still consider it the "infallible Word of God" and believe that there are no mistakes in the Bible. They base their whole religious view based on this faith. They try to live their lives according to the book's teachings.

    You think your little contradiction means anything?

    1. Re:Contradictions mean nothing by masterzora · · Score: 2, Insightful

      Somebody didn't read the GP's screenname...

      --
      Remember, open source is free as in speech, not free as in bear.
    2. Re:Contradictions mean nothing by Anonymous Coward · · Score: 0, Insightful

      This is right actually, for more (and possibly more relevant) examples see George Orwell's 1984 or Animal Farm.

      The parent is describing DoubleThink, the ability to believe contradictory ideas, at the same time. This is exactly what the RIAA is doing, I bet if you asked them they would defend both cases. The sad thing is: they probably believe they're in the right.

  4. Re:I've seen this happen before by NewYorkCountryLawyer · · Score: 4, Insightful

    Years ago I was a juror on a civil trial. At one point, the defence counsel had one of the attorneys for the plaintiffs on the stand. He read off one of the claims that attorney had made in the case and asked him if he'd ever argued anything contrary to it. "No, of course not." Then, the defence attorney read into the record part of a brief from another case where the witness had argued the exact opposite of what he now claimed. I won't say it's common, but it's not exactly unheard of.

    The RIAA lying is quite routine in these cases. These people will say anything at all if they think it will help their case. Of course it's starting to catch up to them. In Maine, e.g., a Magistrate Judge suggested they be sanctioned for some lies they told, and a judge in Minnesota has recently learned that he was misled by the RIAA liars -- er, lawyers. And I have a hunch the contradictory lies noted in the posted articles will come back to haunt them as well.

    --
    Ray Beckerman +5 Insightful
  5. Let them know about it! by suck_burners_rice · · Score: 5, Insightful

    Instead of merely hoping that Michigan's Department of Labor and Economic Growth finds out about it, why not let them know? If dishonesty was involved in the Michigan proceedings, they SHOULD know about it. Us geeks from Slashdot should write to them and POLITELY let them know about the aforementioned contradiction and why it is of importance. Look through their contacts page (link located at center top of Department of Labor and Economic Growth page) to find the office or person you believe is the best one to notify. In your correspondence, please be clear, concise, and polite.

    --
    McCain/Palin '08. Now THAT's hope and change!
  6. Re:I've seen this happen before by Achromatic1978 · · Score: 4, Insightful
    Really? That seems amazingly odd. The plaintiff attorney was /on the stand/? I wouldn't have even thought that was allowed. Conflict of interest, etc. Who would object on the attorney's behalf?

    Were it even possible and my attorney did as you described, I'd come after him with a malpractice suit Really Rather Quickly. There's that whole other minor concept of "Attorney Client Privilege". What in the name of blue fuck was the attorney doing answering anything about the case he was defending?

  7. Re:A PI license? by wellingj · · Score: 4, Insightful

    Having evidence is one thing, interpreting it for a court of law is another.

  8. There are WMDs in Iraq... somewhere... by Anonymous Coward · · Score: 5, Insightful

    RIAA is just following the example set by the white house... which is:

    1. Say whatever you have to say, in order to do whatever you want to do.
    2.Do it
    3. Claim that it isn't your fault that your explanation isn't entirely true ... that the commies/soviets/canadians are actually manipulating things behind the scenes
    4. force your new laws which were based on false assumptions on everything. Including those who you technically can't force your restrictions on.
    5. Call everyone who doesn't comply a pirate / ninja / terrorist.

  9. Yes, it IS lying by Jane+Q.+Public · · Score: 5, Insightful

    They can be experts, or they can be amateurs, but they cannot be both at the same time. So one of those (and we know which one) is a LIE.

    1. Re:Yes, it IS lying by plover · · Score: 5, Insightful

      It's obvious which one is the lie. They certainly are NOT security experts, as was amply documented in their leaked email last year! Their amateur hour antics were hilarious, and there was no evidence that security was taking place in that organization.

      Of course this doesn't help the ongoing RIAA litigation. But it should slow down the idiots who think that SafeNet is doing them some good. Oh, wait, that's the RIAA, too. Damn.

      --
      John
  10. Re:Is there such a thing... by Miseph · · Score: 2, Insightful

    Unless it is in reference to oral sex... then it's taken VERY seriously.

    --
    Try not to take me more seriously than I take myself.
  11. Re:Pleading the alternative. by Anonymous Coward · · Score: 0, Insightful

    The point is (in case you honestly missed it), that each of the defendants arguments disproves another of their arguments. The prosecution just needs to point out the defense itself has blown it's own case.

  12. Re:I've seen this happen before by TechForensics · · Score: 2, Insightful

    Me, I'm just a country lawyer.

    You and Sam Ervin. (grin)

    --
    Those are my principles, and if you don't like them... well, I have others.
  13. Re:I've seen this happen before by NewYorkCountryLawyer · · Score: 4, Insightful

    In Maine we don't really take kindly to that sort of crap. Sometimes I love Maine's judges. Anyhow, I write to ask you (specifically) what, if any, results do you think this will have in the scope of things? IANAL but it seems to me that this has seemingly large potential for future problems with the RIAA suits when we're looking at it with the slashdot perspective but, on the other hand, it seems more likely that this won't actually have a great deal of impact at all.

    As a veteran of 34 years in the field of litigation I can tell you 2 things:

    1. It is not foreseeable which lie will be the one to bring them down.

    2. It is foreseeable that their lying will bring them down.

    --
    Ray Beckerman +5 Insightful
  14. Re:I've seen this happen before by thisissilly · · Score: 5, Insightful

    No, no. Phase 3 will be when the RIAA succeed in bribing Congress into making copyright infringement a federal crime, and thus get to shuck off the whole lawyer expense off to the Department of Justice, who will immediately go whining to Congress to get more money to hire more agents in order to detect and prosecute more cases. And so that way our taxes will pay to defend the RIAA companies from any possible loss due to infringement, while they get to keep any profit.

    I seriously hope I am wrong. But I fear I may be right.

  15. Re:I've seen this happen before by jimicus · · Score: 2, Insightful

    Phase 3 will begin when most judges have become aware of the RIAA's lies. Phase 3 won't be pretty for the RIAA.

    Presumably phase 4 is when they get a new law passed which sets up a federal bureau of copyright investigation?