Should RIAA Investigators Have To Disclose Evidence?

NewYorkCountryLawyer writes "A technology battle is raging in UMG v. Lindor, a court case in Brooklyn. The issue at hand is whether the RIAA's investigator SafeNet (the company that acquired MediaSentry) now needs to disclose its digital files, validation methodology, testing procedures, failure rates, software manuals, protocols, packet logs, source code, and other materials, so that the validity of its methods can be evaluated by the defense. SafeNet and the RIAA say no, claiming that the information is 'proprietary and confidential'. Ms. Lindor says yes, if you're going to testify in federal court the other side has a right to test your evidence. A list of what is being sought (pdf) is available online. MediaSentry has produced 'none of the above'. 'Put up or shut up' says one commentator to SafeNet."

Re:Discovery rules in Civil vs. Criminal cases?

[Brian Gordon]

surely ... the judge ...

Those words generally don't go together [slashdot.org].

Re:Of course, how else can the evid. be valid?

[Steve1952]

Surely the RIAA's word is good enough for the court. No need to actually provide evidence...

Damn! I almost said this with a straight face, let me try again!

Re:Of course, how else can the evid. be valid?

[rasputin465]

These legal claims by the RIAA just blow my mind. I'm in the physics community, and I'm just trying to picture how these type of statements would play out in my arena.

Me: ...and as a result, we have discovered [blank].
Physicist in audience: Sorry, can you explain your methods?
Me: No
[5 seconds of silence]
Entire conference hall bursts into laughter

Dirty Business

[core_dump_0]

Lindor: Show me the evidence!

SafeNet: I'm afraid that's proprietary and confidential.

Lindor: If you don't show me the evidence, I'll demand it in court!

SafeNet: Uh oh, hold on, I'll get it...

RIAA: Don't do it, Boys!

SafeNet: But this is just one stupid lawsuit! If we don't show the evidence our whole sch..., I mean, "business model" will be over!

Lindor: Business model? What?

RIAA: Did SafeNet just say that? No, Ms. Lindor, they didn't. Hey, look over there!

RIAA's pseudocode

[SMacD]

BastardThieves(){
    for( i=0, i lessthan infinity, i++ ){
        generate random IP address
        assign name "John Doe #i"
        serve court order
    }
}

Re:Disclose Evidence?

[sconeu]

No, not quite:

We've plenty of hearsay and conjecture. Those are kinds of evidence.

-- Lionel Hutz

Re:Exhibit A - Tom Mizzone declaration

[whitehatlurker]

In fact, DEFG and H all aren't on "lindor's computer"

That woul_ mak_ typin_ _ifficult at b_st, and impossibl_ at its worst. I'_ _at_ to los_ my _,_,_,_ an_ _ k_ys.

Re:Disclose Evidence?

[geminidomino]

Do they keep getting the Judge from Phoenix Wright, or what?