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RIAA's SafeNet Caught In a Lie 242

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."
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RIAA's SafeNet Caught In a Lie

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  • Really? (Score:5, Funny)

    by thrashee ( 1066650 ) on Wednesday July 09, 2008 @07:30PM (#24127611)
    Absolutely SHOCKED that the RIAA was bending the truth in order to justify its actions.
  • by Overzeetop ( 214511 ) on Wednesday July 09, 2008 @07:30PM (#24127617) Journal

    as perjury for corporations, and would it even apply to civil proceedings. It certainly seems willful in this case.

    Oh, well, at least it's another potential arrow in the quiver of the defense for those targeted by the RIAA.

  • by dahitokiri ( 1113461 ) on Wednesday July 09, 2008 @07:31PM (#24127621)
    FISA vs. Jack Thompson and SafeNet... I'm not sure whether to cry or laugh...
    • by peragrin ( 659227 ) on Wednesday July 09, 2008 @07:40PM (#24127703)

      Laugh until you cry?

      the one good thing about the US government is that it moves slowly enough that everythng that is caught in outright lies eventually gets ground under. It just takes a very painful decade to do so.

      • by Anonymous Coward on Wednesday July 09, 2008 @09:00PM (#24128353)

        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.

      • As the saying goes, "The wheels of Justice grind slowly, but they grind exceeding fine"....

  • by KookyMan ( 850095 ) on Wednesday July 09, 2008 @07:34PM (#24127663)

    ...I may just have to make it my civic duty to ensure that the news gets spread around a bit.

    • ...I may just have to make it my civic duty to ensure that the news gets spread around a bit.

      Please do.

      Falcon

  • by techno-vampire ( 666512 ) on Wednesday July 09, 2008 @07:36PM (#24127677) Homepage
    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.
    • 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 [blogspot.com], and a judge in Minnesota has recently learned that he was misled [blogspot.com] 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.

      • by Anonymous Cowpat ( 788193 ) on Wednesday July 09, 2008 @08:20PM (#24128049) Journal

        hey NYCL,

        Re: your second link
        Oral argument was scheduled for 1st July, a week ago. Any news on the outcome? (Or do we have to wait a while?)
        I don't know if, in your dilligent efforts to keep the /. crowd informed of developments, you have to pick & choose what you think is worth submitting, but if you do, can I pre-flag the outcome of this development for submission?

        That the whole 'making available' theory, after having been accepted, could be subsequently chucked (presumably invalidating the entire outcome of the case), looks like it might be a significant nail in the coffin of the RIAA's war on the public.

        Thanks

        -AC

        • hey NYCL, Re: your second link Oral argument was scheduled for 1st July, a week ago. Any news on the outcome? (Or do we have to wait a while?)

          If you're referring to Capitol v. Thomas, oral argument on the "making available" issue was rescheduled for August 4th [blogspot.com], 10 AM, Duluth, Minnesota, federal courthouse, Courtroom 1.

          I don't know if, in your dilligent efforts to keep the /. crowd informed of developments, you have to pick & choose what you think is worth submitting,

          I do pick and choose what I submit to Slashdot, and the Slashdot editors only select some of my submissions. The best way to stay on top of everything is to follow my blog.

          but if you do, can I pre-flag the outcome of this development for submission? That the whole 'making available' theory, after having been accepted, could be subsequently chucked (presumably invalidating the entire outcome of the case), looks like it might be a significant nail in the coffin of the RIAA's war on the public.

          Absolutely that is one of the most important things going on, and I will definitely submit it to Slashdot when I learn of it. However, that will be covered by the mainstream press as well, and Ars Technica and Wired and everyone.... So if I happen to be in court or something the day the news breaks, I might well get scooped by people who are professional journalists. Me, I'm just a country lawyer.

      • by slimjim8094 ( 941042 ) on Wednesday July 09, 2008 @08:25PM (#24128103)

        In theory, there's a distinct upper bound on the number of cases they can bring without a radical change in tactics. There are only so many judges, and it seems like a large percentage (if not a majority) are unhappy/made aware about their tricks. They will be on the lookout the next time they have a case brought to them.

        Or is the churn in judges enough that they can always take it to a new, fresh judge?

        Even in that case, you have to figure that their acts get around. If it's on Slashdot, you can be sure the judges are talking to each other or something.

        • In theory, there's a distinct upper bound on the number of cases they can bring without a radical change in tactics. There are only so many judges, and it seems like a large percentage (if not a majority) are unhappy/made aware about their tricks. They will be on the lookout the next time they have a case brought to them. Or is the churn in judges enough that they can always take it to a new, fresh judge? Even in that case, you have to figure that their acts get around. If it's on Slashdot, you can be sure the judges are talking to each other or something.

          I think the first wave is over. That was where the federal court system was caught off guard by the RIAA's litigation campaign. Big firms, fancy papers, high-faluting words, techno babble... it sounded and seemed legitimate, and no one was fighting back.

          Now we're in phase 2. Some of the judges are starting to catch on that they've been taken for a ride.

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

          • Phase 3 won't be pretty for the RIAA.

            Is this like the 3rd phase of matter -- all gas?

          • by thisissilly ( 676875 ) on Wednesday July 09, 2008 @10:58PM (#24129263)

            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.

            • Re: (Score:3, Funny)

              But wait, there's more! Phase 3 also involves flooding the underground and drowning all the workers.
              Townsperson: But then who will operate the machinery and keep the pleasure dome running?
              Dante: Phase 4: an army of robot workers to replace the slaves.
              Walt and Steve-Dave: What if the robots united and rebelled against Leonardo?
              Randal: Phase 5: an army of highly intelligent apes move in and quell the robot insurrection.
              Townsperson: What if the apes are pacifists?

              Time passes...

              Dante: Phase 24:
          • by bhima ( 46039 ) * <Bhima@Pandava.gmail@com> on Thursday July 10, 2008 @01:06AM (#24130253) Journal

            Am I missing something important? Why not contact every Judge who has a lawsuit from the RIAA on their docket and just tell them? Why not just mail the Michigan Department of Labor and Economic Growth and tell them too?

            Surely you lawyers have a fancy sounding name for such a document... and we don't just have to "hope the Judges find out"

          • Re: (Score:3, Insightful)

            by jimicus ( 737525 )

            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?

      • by BCW2 ( 168187 )
        I wonder if the statements from Michigan can be sent to Lindor's legal team? If the Texas Judge gets pissed it could really hurt them even worse.
      • by KGIII ( 973947 )
        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.
        • 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.

    • by Achromatic1978 ( 916097 ) <robert@nospAm.chromablue.net> on Wednesday July 09, 2008 @08:35PM (#24128187)
      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?

      • Re: (Score:3, Interesting)

        Who would object on the attorney's behalf?

        Who would object? One of the other attorneys acting for the plaintiff. That's why I said, "...one of the attorneys..." And, he was only asked to testify about this one point, not the facts of the case itself. I might add that it was a rather weird case. It started out as a suit and countersuit. Then, the main suit was settled, leaving only the countersuit to be litigated, so that the defence was suing the plaintiffs but not (by now) the other way around.

  • 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?

  • .. "estoppel?"

    I knew you could.

  • You rock.

    Dear RIAA:

    Haha. Self-pwnt.
  • NYCL will undoubtedly e-mail someone's lawyer about this. It'll be hilarious to watch the results in court.

  • by russlar ( 1122455 ) on Wednesday July 09, 2008 @07:53PM (#24127827)
    Did Media Sentry, I'm sorry, SafeNet DDoS him, too?
  • by Anonymous Coward on Wednesday July 09, 2008 @07:58PM (#24127865)

    They gained experience from their previous ordeal, and can now claim to be "experts".

  • by Anonymous Coward on Wednesday July 09, 2008 @08:04PM (#24127913)

    I worked for SafeNet in "quality assurance" when I was in high school (I'm 23 now) to test the quality of their hardware security solutions. And let me tell you, they are one of the worst companies on earth to work for. They treat their employees like crap, as they started laying off some of their best employees and brought in foreign help on H1B visas.

    They really lost their way when they got out of the hardware based security business and became the cronies for the RIAA/MPAA. Contradiction is not a new thing to SafeNet. They claimed (and still claim) to be supporting the local economy in Harford County, Maryland, where their Corp HQ is, when all they were doing was outsourcing jobs and bringing in H1B workers to cut costs.

    Terrible company, and I'm not surprised that they finally got caught in the web of their pathological lies.

  • by suck_burners_rice ( 1258684 ) on Wednesday July 09, 2008 @08:09PM (#24127943)
    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 [michigan.gov] page) to find the office or person you believe is the best one to notify. In your correspondence, please be clear, concise, and polite.
  • Economy (Score:3, Funny)

    by electrosoccertux ( 874415 ) on Wednesday July 09, 2008 @08:13PM (#24127979)

    Michigan has an economy? I thought they ran everybody off?

  • Funny . . . (Score:4, Informative)

    by failure-man ( 870605 ) <<moc.liamg> <ta> <nameruliaf>> on Wednesday July 09, 2008 @08:20PM (#24128045)
    Those other professionals they're comparing themselves to need licenses to testify as expert witnesses. Engineers specifically need the second-tier "professional engineer" license.
  • NewYorkCountryLawyer: the anti-Jack Thompson

  • by steveha ( 103154 ) on Wednesday July 09, 2008 @09:06PM (#24128401) Homepage

    I thought lawyers made contradictory arguments all the time.

    Here's a joke/story I heard years ago. This lawyer is in a courtroom, defending a client. The plaintiff claims the defendant borrowed a new pot and returned it in broken condition. The lawyer makes his opening statement: "There are three facts that prove my client is innocent. First, he never borrowed that pot. Second, it was already broken when he borrowed it. Third, when he returned it, it was in perfect condition."

    steveha

    • by Ungrounded Lightning ( 62228 ) on Wednesday July 09, 2008 @09:18PM (#24128479) Journal

      "... First, he never borrowed that pot. Second, it was already broken when he borrowed it. Third, when he returned it, it was in perfect condition."

      That's called "pleading the alternative" and is totally legit - at least in criminal proceedings.
        - The prosecution has to prove their case beyond a reasonable doubt.
        - The defense only has to poke holes, raising reasonable doubt.
        - So if the prosecution fails to disprove even one counter-theory it's a win for the defense.

      Not sure how that goes over in civil proceedings, where the sides are on an even footing and the standard is "preponderance of evidence" rather than "beyond a reasonable doubt". NYCL, can you tell us?

  • Is this admissible in the new case where they claim they are stupid or does it only stay with the case that the 'expert defense' was used?

    • Is this admissible in the new case where they claim they are stupid or does it only stay with the case that the 'expert defense' was used?

      Yes it's admissible.

    • AFAIK, yes. (Score:5, Interesting)

      by OmniGeek ( 72743 ) on Wednesday July 09, 2008 @10:30PM (#24129069)

      A court is definitely empowered to take "judicial notice" of a litigant's public statements, and can certainly take judicial notice of documents filed by a litigant in other court cases, as those are public records.

      IIRC, statements filed in court pleadings are made under oath, subject to penalties for perjury. Don't get too excited about that aspect, actual prosecution is rare; however, getting caught telling contradictory stories to two different courts WILL have Bad Consequences.

      Judges purely hate to be gamed or lied to by litigants, and they tend to be very unsympathetic to folks who get caught trying it. It tends to destroy all prospect of either winning or coming out with a whole skin...

  • by iminplaya ( 723125 ) on Wednesday July 09, 2008 @10:39PM (#24129133) Journal

    Why they oughta be horsewhipped...I mean, elected to congress.

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