p2pnet.net News:- Warner Music, EMI, Vivendi Universal and Sony BMG, the members of the Big 4 Organized Music cartel, are seriously alarmed because New York judge Robert L. Levy might see a Dutch court’s written decision condemning material submitted by MediaSentry, an online scalp hunter hired by the RIAA to come up with ‘proof’ of file sharing on the part of RIAA victims.
So the Big 4 instructed their RIAA (Recording Industry Association of America) to get an English-language transcript stricken from the UMG v Lindor hearing.
Marie Lindor is a New York mother who works as a home health aide and freely admits she knows nothing about computers.
The RIAA, though, says she illegally distributed copyrighted music online and her lawyer, Ray Beckerman, is challenging so-called evidence dredged up by MediaSentry, citing the Dutch documents as an indication that work by the company’s Tom Mizzone may have been somewhat less than exact or reliable.
“Surprisingly, the RIAA attached – as an exhibit to its ‘motion’ – a portion of a post from this blog,” says Beckerman on his Recording Industry vs The People.
He’s referring to RIAA Holme Robert & Owen lawyer Richard Gabriel’s (right) submission of a post headlined, Marie Lindor Submits Papers from Netherlands courts Showing Mediat Sentry’s Tom Mizzone’s Investigations are Unreliable.
According to Gabriel in a court document, it has nothing to do with the Lindor case and is no more than a way for Beckerman to create content for Recording Industry vs The People and to “unfairly prejudice this Court against plaintiff’s witnesses,” the attachment being, presumably, Gabriel’s ‘proof’.
However, in response, Beckerman passes by Gabriel’s personal attack and says:
As your honor knows, we submitted these authorities and the declaration of the independent experts simply to illustrate the importance of a thorough and searching deposition and crossexamination of Mr. Mizzone. Certainly the fact that Mr. Mizzone`s ‘science’ has been repudiated by appeals courts in Canada and the Netherlands, and the reasons why it was repudiated, are germane to your honor’s inquiry, and far more helpful than Mr. Gabriel’s postargument submission of a 4-year-old published case which, to the extent it was relevant at all, contradicted, rather than supported, plaintiffs’ motion.
If your Net access is blocked by government restrictions, try Psiphon from the Citizen Lab at the University of Toronto’s Munk Centre for International Studies. Go here for the official download, here for the p2pnet download, and here for details. And if you’re Chinese and you’re looking for a way to access independent Internet news sources, try Freegate, the DIT program written to help Chinese citizens circumvent web site blocking outside of China. Download it here.
condemning material – Utrecht MediaSentry decision, December 18, 2005
online scalp hunter – RIAA: trying it on with MediaSentry, December 17, 2005
home health aide – RIAA victim wants case dismissed, Ocrtober 25, 2006
Recording Industry vs The People – RIAA Moves to Strike Copies of Netherlands Decision & Expert Testimony in UMG v. Lindor, December 19, 2005