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Last week a pair of rulings further muddied the waters around the RIAA's argument that making a file available over a P2P network constitutes distribution as defined by the Copyright Act. This week, the hot issue is the role that MediaSentry plays in the RIAA's legal campaign and whether the company should be licensed as a private investigator. A pair of defendants in separate cases are arguing that the company does need a license and that all evidence gathered by it should be excluded. The RIAA, in turn, is arguing that no license is necessary—and that even if MediaSentry's evidence was obtained illegally, it should still be admissible. A college student at Northern Michigan University representing him or herself recently submitted a motion seeking to quash a subpoena directed at the school, arguing that the data collected by MediaSentry was "obtained through felonious conduct." The motion refers to a ruling made last month by the Michigan Department of Labor and Economic Growth that MediaSentry needs to be licensed in order to "perform regulated activities." Regulators at the department have reportedly sent the company a letter informing them of the decision, although MediaSentry refused to confirm receipt to Ars. The company has also received a cease-and-desist order from the Massachusetts State Police saying that its investigative activities violate state law.
Has MediaSentry Ceased and Desisted in Massachusetts? - we asked a state certification officer,“As far as I know, they have,” she responded.But according to Recording Industry vs The People, the company, owned by SafeNet, has violated the order.The situation is made crystal clear by sergeant Chester Bishop of the force’s certification unit who, in a January 2 letter to MediaSentry’s Chris Steven Fedde, statesQuoteAn investigation by this office has revealed that you advertising and operating a Private Detective company under the title of “SafeNet, Inc.” and “MediaSentry”. A review of our records, indicates that you are not licensed to conduct investigations in the Commonwealth of Massachusetts under this business name.This is an official cease and desist order. your company is not licensed to advertise or perform the business of Private Investigations in the Commonwealth of Massachusetts. you are in violation of MGL Chapter 147, Sections 22 and 23. If further enquiries proved that you are currently operating advertising without a licence complaints were violations of this statute would be forthcoming.Specifically, MGL Chapter 147, Section 23 states that “No persons shall engage in, advertise or hold himself out as being engaged in, nor solicit private detective business or the business of watch, guard or control agency, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in section twenty five”. Section 23 Also states, ” whoever violate any provision of this section shall be punished by a fine of not less than two hundred for more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.In London-Sire v. Doe 1 (formerly Arista v. Does 1-21), the case targeting Boston University students in which the presiding judge has tentatively quashed the RIAA’s subpoena pending the Court’s review of the university’s internet use “terms of service” agreement, a motion to vacate the RIAA’s papers has been made by the students based on proof that MediaSentry has been violating the cease and desist order previously issued by the Massachusetts State Police on January 2, 2008, continuing to conduct investigations without an investigator’s license.Will the Massachusetts police now jail and/or fine MediaSentry and/or Fedde for failing to cease-and-desist
An investigation by this office has revealed that you advertising and operating a Private Detective company under the title of “SafeNet, Inc.” and “MediaSentry”. A review of our records, indicates that you are not licensed to conduct investigations in the Commonwealth of Massachusetts under this business name.This is an official cease and desist order. your company is not licensed to advertise or perform the business of Private Investigations in the Commonwealth of Massachusetts. you are in violation of MGL Chapter 147, Sections 22 and 23. If further enquiries proved that you are currently operating advertising without a licence complaints were violations of this statute would be forthcoming.Specifically, MGL Chapter 147, Section 23 states that “No persons shall engage in, advertise or hold himself out as being engaged in, nor solicit private detective business or the business of watch, guard or control agency, notwithstanding the name or title used in describing such business, unless licensed for such purpose as provided in section twenty five”. Section 23 Also states, ” whoever violate any provision of this section shall be punished by a fine of not less than two hundred for more than one thousand dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment.
