We’ve had numerous posts about their underhanded intimidation tactics, especially going after only those least able to defend themselves. Now they want to stack the deck when they do go to court. Have you no shame?
RIAA doesn’t like independent experts
In the case of Sony BMG et al. v. Kim Arellanes, the RIAA is using another tactic: strenuously arguing against the defendant’s request that a neutral, third-party perform a forensic search of the defendant’s hard drive to find evidence that she engaged in activities frowned upon by the music industry. Claiming a right to rely on an expert of their own choosing, Sony BMG says that Arellanes “should be ordered to produce her computer hard drive for inspection subject to Plaintiff’s proposed protective order.”
As one might expect, Arellanes isn’t too keen on the idea of sending her hard drive to an RIAA star chamber for examination. Citing the RIAA’s numerous missteps in its ill-conceived crusade against music fans, she requests that the court require a “neutral computer forensics expert and a protocol protective of non-relevant and privileged information” be used to conduct the examination.
I don’t think the RIAA will prevail by insisting that its experts only search the drive. I don’t know what “right” they have to insist their experts must have access to the drive before the defendant’s experts..
Arellanes could send the drive to her own expert and invite the RIAA’s experts to witness the inspection. It would be difficult to argue against that, unless the RIAA’s experts don’t want to travel to another city and spend several nights in hotels rooms at the RIAA’s cost.
This is a Laugh…
In the time she made the request, she could have WIPED the drive, and reformated, and copied over ALL the tracks, and had a TOTALLy clean system…
WOW someone that KNEW to drag it out and MAKE them fight.
Yes this is a JOKE!.. any moron could boot a linux live CD and to a dd on it.. there will be NOTHING left..
dd if=/dev/zero of=/dev/hda bs=521 count=1
not that hard.. THINK people PLEASE.. we need to STOP the RIAA..
She could also just buy another Hard disk and install it in the PC. Folks can’t find “deleted” files on it, because they were never there.
somebody needs to countersue the RIAA after they prove they were improperly hounded!
2, 3, and 4….do that and you lose the case automatically. One poor slob has already tried it, only to learn that judges don’t look kindly on evidence tampering.
5 …only to learn that judges don’t look kindly on evidence tampering.
I was going to say… 🙂
Isn’t this what American Jurisprudence is about these days, Asymmetric Warfare, not equal Justice or rights under the law? Really aren’t Americans just objects the state and corporation are to control and exploit, not protect and invest in? Isn’t this why we don’t allow 18 yr olds drink, yet, we give them a gun and tell them go kill or be killed. Isn’t this why we fight our wars, so OIL or RECORD corporation can take advantage of us?
Besides Americans are only good for paying taxes and buying goods beyond their means. To the rest of the world and ourselfs, what really are Americans good for? They seem to only protest when their coffee is too hot. Who really cares?
I really want to know, were has American common sense gone.
Just look at those guys in Somersworth, N.H, jailed 6 months for eating a restaurant’s garbage.
5. Yeah, but then again, they have to prove that you didn’t have a Windows crash and have to reinstall your OS before they issued the subpoena.
or just:
-delete the files you don’t want the RIAA to find
-do a defrag
-fill the rest of your hard drive with various iso of linux distribs
that should do it, + your system files have a date that is older than the RIAA request & defrag is just periodic system maintenance.