Looks like the real criminals are on the run folks
http://arstechnica.com/news.ars/post/20080203-mediasentry-role-in-riaa-lawsuit-comes-under-scrutiny.htmlIn Lava v. Amurao, defendant's attorney Richard A. Altman is arguing that MediaSentry's testimony should be barred. Calling the firm "plaintiffs' private investigator," Altman argues that the company's activities violate New York State law. As a result, "no testimony or evidence gathered in the course of their investigation should be admissible."
Under section 70 of the New York General Business Law, all private investigators need to first be licensed by the state before conducting business. Altman uses section 71 of the same law to argue that MediaSentry is indeed a private investigator under the laws of New York. "The company clearly falls within the definition, in that its primary function is "the securing of evidence to be used in the trial of a civil... case," argues Altman.
It appears, however, that the judge may not ever rule on the motion, as the RIAA has filed a motion to dismiss the case with prejudice. Rolando Amurao, the defendant and person responsible for the ISP account in question, apparently has no idea how to use a P2P program, and the RIAA accuses his adult daughter, Audrey Amurao, of copyright infringement in the motion for dismissal
It looks like they do have an achilles heel after all folks, when this aspect of their activites is challenged (and lets hope it is again soon), any of those sued will be able to demand a retrail due to the use of illegaly gathered evidence, and without the tainted evidence provided by MediaSentry any case against a filesharer would of course collapse through lack of evidence.
As we have stated here many times, the real criminals are the big media company extortionists and until the US justice system is made secure against such abuse we will no doubt see more victims of the music mafia paraded as guilty when they have never even stepped foot in a court, let alone been found guilty.
