Rich Fiscus
5 Feb 2008 23:20
Yet another defendant in a RIAA file sharing lawsuit has decided to fight back. On behalf of his client Rolando Armurao, who is accused of illegally distribution of more than 500 songs using Limewire P2P software, Richard Altman filed a brief with the U.S. District Court for the Southern District of New York asking that all evidence collected by representatives of Media Sentry be thrown out of court due to the lack of a private investigator's license.
"Plaintiffs proceed in these copyright infringement cases based upon evidence of file-sharing or distribution derived from investigations conducted by Safenet, Inc., a private company operating under the name of Media Sentry," Altman's motion stated. Media Sentry is paid by record labels to find file sharers violating music industry copyrights and get enough information for RIAA lawyers to initiate court cases.
Altman told Computerworld that New York state law there are only a few circumstances where such evidence gathering doesn't require a license, and that the RIAA cases don't fall into the category of an exception. "This is a private company. So I've asked their evidence be excluded," he said
Although others have made similar claims about illegal, or at least questionable, RIAA investigatory practices in the past, to date these claims haven't been argued in the courtroom, with some settled out of court and at least one case, which the Oregon State Attorney General has gotten personally involved in, still pending.