Also requires the defendant to provide the name and address of everyone who used his laptop over the last 3 years.
The RIAA was granted a huge file-sharing victory last week when Judge P. Kevin Castel allowed the RIAA to take almost any and all means necessary to snoop into Yuri Shutovsky’s life in search of incriminating evidence, no matter the burden to his family, friends, or acquaintances.
The story begins with Mr Shutovsky purchasing a laptop from Deutsche Bank, his employer at the time, and then using it as his home PC. Media Sentry then later discovered that a computer with his IP address, which his ISP Verizon confirmed was his at the time in question, was sharing copyrighted music on KaZaA. However, Shutovsky points out that he was away at the time in Russia working as a "Country Manager" and has a passport to prove it.
The RIAA counters that the pages of his passport that have been submitted by the defendant are "inconclusive as to the Defendant’s travel abroad," and wants Deutsche Bank to shed more light on Shutovsky’s actual travel schedule during the time he is accused of sharing copyrighted music files on KaZaA.
The RIAA also disputes whether or not the laptop is the home PC Shutovsky claims he used as such since it "…does not contain any evidence of Verizon software necessary to connect to the internet via the Verizon network." It also furthers by wanting to subpoena Deutsche Bank to see what computers, if any, were actually sold to Shutovsky so that it may compel him to "produce the correct computer."
To further confirm what PC was used at home, the RIAA wants to also question his wife and brother who are though to have "information relevant to Defendant’s use of the computer and information stored on the computer."
What it boils down to is that the RIAA is seeking to find out who was using his home PC on August 17th, 2005 at 2:59, and was connected to Verizon Internet Services with the IP address 162.83.177.207. For It was a this time and "place" that the RIAA’s investigator, Media Sentry, "detected an individual who was engaged in the distribution of Plaintiffs’ copyrighted sound recordings using the screen name anonymous_user@KaZaA," and has the screen shots to "prove it." It’s with this in mind that the RIAA is also demanding that Shutovsky also produce all HDDs in his possession.
Shutovsky has countered that any number of people could have used his PC, since he was away on business at the time in question, and that he has no knowledge of anyone using it to download or share copyrighted material.
The RIAA, never one to be left without a fittingly draconian response, has thus demanded that if this the case, that he wasn’t the one responsible, that he provides the name and address of everyone who has used his home computer over the last 3 years prior to the lawsuit being filed.
Discovery in the case is expected to continue through November of this year, with the next court proceeding to occur in January of 2008.
Stay tuned.
[via RECORDING INDUSTRY vs THE PEOPLE]
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I wonder if Verizons ISP server machine clocks match those of Media Sentrys servers in the real time. I wonder if back in 2005 they matched exactly to the second. God forbid they are in 2 different time zones or even 10 seconds off and the wrong person gets blaimed for illegal file sharing.
Most ISP’s radius servers issue IP’s based on a dynamic radius server connection. Only businesses or people with special firewall needs require fixed ip addresses.
Lets say that a user connected to his ISP (Verizon) at August 17th 2005 at 2:59 (according to the article) and disconnected after 10 seconds. 20 seconds later (Verizon is a busy ISP with millions of users) somebody else connected to the Internet using the same IP. Remember there are only 254 addresses in a 24 bit class C so the routing automatically sends people to the first available IP address.
It sucks that Verizon would point their finger at one of their own paying clients without doing a full investigation of their own network against Sentry. If it were me Id make the ISP Verizon turn over all of their logs (million and millions of pages with all usernames and accounts…) and I’d also demand the millions and millions of logs from Sentry/RIAA – based on the American basic judicial right to FULL DISCLOSURE.
I hope that whoever got sued is reading my words cause it appears that they have shitty legal representation.