Last month, the RIAA tried to explain to a court why it would not accept a neutral independent examiner's report on whether or not a particular hard drive from a woman accused of file sharing actually contained the files. Instead, they wanted their own expert to have full access to the hard drive. This seemed to be a surprising claim and difficult to justify. In fact, the last time they tried it, the judge flipped things around and told the defendant that she could hire her own expert and bill the RIAA. In the latest case, the judge has once again turned down the RIAA. The judge has ruled that an independent, neutral examiner should be able to look at the hard drive and report the findings. With the RIAA now getting shot down on this request multiple times, hopefully they'll stop even trying. It's hard to see how they could justify such a demand, and about the only reason to want their own expert to have full access is to better intimidate defendants to settle quietly instead of continuing to fight it out in court. Update: In the comments, lawyer Ray Beckerman, who pointed out this original decision, lets us know that the earlier case where the judge let the woman pick her own expert and bill the RIAA was later overturned so that the RIAA did get to bring in their own expert.
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