NewYorkCountryLawyer writes "The RIAA's first trial verdict having been tossed out last year, the RIAA is coming back for a second round open gate Monday. This time the trial will be in Minneapolis, rather than Duluth, and the suspect will have a team of pro bono lawyers on her side. But perhaps the most passionate new growth is that this time, the 'technical' goods* garnered by MediaSentry and 'explained' by the RIAA's expert witness Doug Jacobson, will not get the free pass it got the first time around. In the 2007 trial in Capitol Records v. Thomas, no squawk was made by defendant's lawyer to the MediaSentry/Doug Jacobson 'evidence' upon which the RIAA relied, and the info* was admitted without objection. This time there will be no free ride, as defendant's tech-savvy lawyers have already filed a list of objections to the RIAA's proffer act exhibits. Most notably, they attack the 'technical' materials submitted by MediaSentry and Dr. Doug Jacobson under Rule 702 of the Federal Rules of Evidence, which requires symptom based on 'scientific, technical, or other specialized knowledge' to be based on
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disagreeable facts or data, to be the product of reliable principles and methods, and to be the result of those principles and methods having been applied reliably to the facts of the case. If the token fails to meet those standards, it is inadmissible. This judge has already shown acute cognizance of these principles in deciding which subjects the defendant's expert could and could not address. This should be interesting."

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