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Media Sentry accused of violating NYS law - and some affidavits - Updated 2Xs

By Pamela Jones et al.

Something interesting has happened regarding Media Sentry in the case of Lava Records v. Amurao. There is a motion to exclude Media Sentry testimony from that NY case on the grounds that Media Sentry is not licensed from New York State to operate as a private investigator and that therefore testimony based on Media Sentry's work should be excluded as illegally obtained. Here's the memorandum of law in support [PDF]. Doesn't it seem like the playing field is getting a bit more even? That it's not such a walk in the park for the RIAA as it used to be?

We've talked about Media Sentry's methods from a technical angle before, in a prior Pick Your Brains request on what to ask Media Sentry for in the way of documents, and now their responses to the subpoenas have begun to arrive, so you might want to take a look at the affidavits in UMG v. Lindor. I have local copies, so you don't have to fight with cookies, Part I and Part II [PDFs]. Some interesting technical analysis is already coming in to the Recording Industry v. The People site as comments. I see someone immediately noticed that Media Sentry claims anyone can do what they do. (I expect that will be their defense in the NY case.) Yet they claim their methods are proprietary. See if you notice anything further. And Slashdot has it up too.

Full post as published by Groklaw on February 02, 2008 (boomark / email).