Judge OK's MediaSentry Evidence, Limits Defendant's Expert 283
NewYorkCountryLawyer writes "In Capitol Records v. Thomas-Rasset, the judge has denied the defendant's motion to suppress the MediaSentry evidence for illegality, holding that MediaSentry's conduct did not violate any of the three laws cited by the defendant. The judge also dismissed most of the RIAA's objections to testimony by the defendant's expert, Prof. Yongdae Kim, but did sustain some of them. In his 27-page decision (PDF), Judge Davis ruled that Prof. Kim could testify about the 'possible scenarios,' but could not opine as to what he thinks 'probably' occurred. The court also ruled that, 'given the evidence that there is no wireless router involved in this case, the Court excludes Kim's opinion that it is possible that someone could have spoofed or hijacked Defendant's Internet account through an unprotected wireless access point. Similarly, because Kim explicitly testified that this case
does not involve any "black IP space," or any "temporarily unused" IP space ...., he is not permitted to opine at trial that hijacking of black IP space or temporary unused IP is a possible explanation in this case.' Dr. Kim was also precluded from testifying as to whether song files were conspicuously placed in a shared files folder or were wilfully offered for distribution. The judge also precluded him from testifying about Kazaa's functioning, but it was unclear to me what the judge was precluding him from saying, because the offered testimony seemed to relate only to the question of whether the Kazaa-reported IP address precluded the possibility of the device having been run behind a NAT device."
Re:Could be a victory (Score:3, Funny)
This could be a victory for Jammie. The judge carefully lays out, at pages 13-14, the standards for admissibility of technical evidence.
I know for a fact that neither MediaSentry nor Doug Jacobson could satisfy those standards.
Assuming the judge applies those standards evenly, this trial may end abrutly, because the RIAA's only witnesses may both be precluded from testifying.
Please, make up your mind and tell me how to properly react to this already. I feel like Philip J. Fry when he found out he was going to be snusnu'd to death [wikipedia.org]. Or is watching humans squirm precisely what lawyers just like to watch?!
Re:Could be a victory (Score:5, Funny)
Re:Could be a victory (Score:5, Funny)
eldavojohn, you're a cool guy, you can figure it out.
Cool -> cold -> frigid -> frigerator -> meat -> meat locker! Meat locker, that's it! Of course!
... FINGERS !!! Oh my god, how could I be so blind?!
Figure -> filter -> filler -> filbert -> finger
They're going to kill her, cut off her fingers and hang her in a meat locker! It's brilliant and evil all at the same time.
Ray, we have to warn her! I'll meet you at the comic book store down the street from my house in fifteen minutes! Our detective crime fighting team name will be the "The Extraordinary Super Aces!"
Re:So, what now? (Score:5, Funny)
This is slashdot. Nobody here gets fucked.
Re:really stupid question (sorry) (Score:5, Funny)
But... but... My Cousin Vinnie told me that voir dire occurs right in front of the jury! Now what am I supposed to base my entire knowledge of the judicial system on?!
Judge OK (Score:2, Funny)
Re:Could be a victory (Score:4, Funny)
I'll just wait outside your office until morning and get an update from you.
[Posted via Slashdot Mobile.]
Re:really stupid question (sorry) (Score:5, Funny)
/.
Re:Could be a victory (Score:4, Funny)
Me neither. But I'm not familiar with the Minnesota statute and caselaw.
So... YANAML?
=)
Re:So, what now? (Score:2, Funny)
Re:Could be a victory (Score:5, Funny)
Ray, where are you Ray? It's been a half hour, Ray! Ray, we were going to stop the RIAA together, remember Ray? Remember? I'll just wait outside your office until morning and get an update from you.
I was there. Where were you?
Maybe you were waiting at the wrong comic book store.
I waited as long as I could, and then went drinking.
OK I'll expect you at my office bright and early. See you then. But if you miss that appointment too, then just forget it. I can't partner with someone unreliable.
Re:Could be a victory (Score:5, Funny)
I'm not familiar with the Minnesota statute and caselaw.
So... YANAML?
Certainly IANAML. IAANYCL. But it's not necessary to be AML in order to be familiar with a Minnesota statute and caselaw. I could research those from my desk. I just haven't.
Re:Could be a victory (Score:3, Funny)
Two! Two non-testifying witnesses! Haa haa haa!
Re:Could be a victory (Score:3, Funny)
Holy god is this funny or scary?
Yes.
Re:Could be a victory (Score:4, Funny)
You mean undercover cops lying in response to the "Are you a cop?" question that criminals inevitably ask doesn't protect them from prosecution???
I used to have mutual friends with a guy that was pretty cool when he wasn't being paranoid. This was with a coffee shop crowd, and I was typically the only one there in khakis and a polo and a short haircut. One night he asked me if I was a cop, and I laughed it off. He asked again, a little more seriously and I said the idea was ridiculous. The next time he asked, I told him to quit asking. For the rest of the time I knew him, he'd randomly hit me up with it, and I'd laugh and change the subject without ever directly saying "no". Poor guy. I would've answered if he hadn't been so nervous about it.
Re:Could be a victory (Score:4, Funny)
So, *are* you a cop?
Re:Could be a victory (Score:3, Funny)
Legal expertise....Technical understanding....Humor...Not Evil... I was right last time! You aren't human! Boy did you pick the wrong set of professions to try and blend in here on earth. *EVERYONE* knows that here on earth lawyers are pure evil and technical people are grumpy humorless bastards. Where are you from!? When does the invasion start?!...... Where do I sign up to be a minion to survive?
Just shut up and bring me to your leader.
Re:Innocent until proven guilty (Score:2, Funny)
Whether it's the prosecution, or a plaintiff, they still need to prove their case.
Whereas with trial by DaveV1.0, it seems you just need to be accused.