Copyright Law

Practice tip: if you're seeking discovery from MediaSentry, know your metadata

By Ty Rogers and Ray Beckerman

For those of you who will be seeking discovery into the MediaSentry "investigation", history has shown that the plaintiffs will try to resist your obtaining anything from MediaSentry other than the printouts they intend to use at the trial.

See, e.g., UMG Recording v. Lindor, in which the stonewalling by the plaintiffs and MediaSentry is palpable.

One of the things you need, which plaintiffs will resist, is metadata.

It would be advisable to familiarize yourself with the recent decision, in the Southern District of New York, in Aguilar v. Immigration, 07 Civ. 8224 (SDNY November 21, 2008), where the Court discusses, in detail, the nature and significance of metadata.

If you are lucky enough to have a tech consultant working with you, you may want to share the decision with him or her, to see if they are in agreement with Magistrate Judge Maas's thoroughgoing treatment of the subject.

November 21, 2008, Decision

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Full post as published by Recording Industry vs The People on February 07, 2009 (boomark / email).