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Posted September 05, 2008 by rippinchikkin (view all posts) in Multimedia News
By John Timmer
September 05, 2008 - 05:10AM CT

The RIAA's campaign against filesharers follows a standard procedure: find a computer offering files for download, get a court to force the ISP or organization that provided the computer's IP address to reveal the computer's owner, and then sue the owner.

The group has contracted with MediaSentry to do the work of identifying the infringing computers, but that company's methods have been called into question in a number of states that have licensing requirements for private investigators that include the computer-based snooping required to gather the data.

Michigan was one such state and, if there was any doubt about the licensing issue there, it's gone now: the state passed a law that specifically calls for computer forensics groups to be licensed. To an extent, the law is somewhat redundant. Michigan's Department of Labor and Economic Growth is responsible for licensing private investigators and, in February, it determined that the company was acting as an unlicensed private investigator.

The Department recommended that the anonymous state resident that filed the complaint contact his local prosecutor if he/she wanted to press the matter. Despite this ominous warning flag, the RIAA's lawsuits in the state have continued apace. But, if MediaSentry felt it could successfully challenge the Department of Labor's decision if called on it, its chances of doing so dropped precipitously.
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