Copyright Law

Defendant objects to RIAA's technical "evidence" in Capitol Records v. Thomas-Rasset

By Ty Rogers and Ray Beckerman

In Capitol Records v. Thomas-Rasset, the plaintiffs' exhibit list filed earlier this week failed to note, as it was required to do, the defendant's initial evidentiary objections, so the defendant filed her own tentative list of objections. (I call it "tentative" because one cannot know ahead of time if other objections may arise during the trial).

Defendant's Objections to Plaintiffs' Proposed Exhibits
Plaintiffs' exhibit list

The numbers are references to the Federal Rules of Evidence:

402 Irrelevance
403 Prejudice, Confusion, Waste of Time
602 Lack of Personal Knowledge
702 "Testimony by experts" (fact testimony or opinion testimony based upon "scientific, technical, or other specialized knowledge" must be based on sufficient facts or data, must be product of reliable principles and methods, and principles and methods must have been applied reliably to the facts of the case")
802 Hearsay

A complete set of the Federal Rules of Evidence may be found here.

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Full post as published by Recording Industry vs The People on June 12, 2009 (boomark / email).