Central Michigan University asks Michigan regulators to order MediaSentry to "cease and desist all investigation activities concerning Michigan individuals" until it obtains a license.
Another university has challenged the RIAA over its practice of snooping on individuals for evidence of illegal file-sharing.
Central Michigan University filed a complaint last month with the state Department of Labor and Economic Growth against the RIAA’s anti-piracy investigative arm, MediaSentry, asking that it "cease and desist all investigation activities concerning Michigan individuals" until it obtains a proper private investigator license as required under the Private Detective Licensing Act.
CMU argues that MediaSentry’s work of investigating copyright infringement, determining the identities of suspected file-sharers, and gathering evidence requires a private investigator license in Michigan.
"All of the above-noted sworn statements regarding the activities of MediaSentry would clearly establish that its activities fall within the scope of the investigative activities regulated by the PDLA [Private Detective License Act]," reads the complaint. "Nevertheless, MediaSentry has ignored any suggestion by the DLEG that it secure a license to continue its investigative activities within the state of Michigan."
Michigan state law defines a a private investigator as somebody who investigates "the identity, habits, conduct, business, occupation,… activity,… transactions, acts,… or character of a person" or secures "evidence to be used before a court." This clearly defines MediaSentry since it is the one who performs each of these tasks for use by the RIAA in its copyright infringement lawsuits.
Evidence obtained by an unlicensed investigator may ultimately be thrown out in court since it was technically acquired illegally. Some P2P defendants have already begun challenging Media Sentry’s findings based on this premise.
Combined with recent news that the RIAA’s first P2P conviction will most likely be declared a mistrial, the future looks bleak for the RIAA’s fight against illegal file-sharing.
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Hah yeah smack the wasp’s nest with a stick maybe it’ll fall down but this’ll probably just tick ‘em off more than likely…