Tom Corelis
Describes a seemingly systemic disregard for state licensing requirements
Litigation blog Recording Industry vs. the People caught wind of an unlicensed investigator complaint Tuesday, filed against the RIAA’s favored P2P investigator MediaSentry. Filed by attorneys at Central Michigan University, the complaint alleges that MediaSentry both advertises and conducts investigation services for the RIAA and its lawsuit campaign, without appropriate licensing.
The complaint , originally filed on July 11, is only the latest turn of events for a company constantly defending itself against unlicensed investigator claims. Early last July the MediaSentry attempted to justify its work – which seems to consist mainly of recording usernames and IP addresses of copyright infringers on P2P networks – by claiming that it draws from publicly available sources, and is therefore exempt to the regulation requirements found in its home state of Michigan.
CMU seems to see things differently though, and its complaint points cites both MediaSentry’s advertising literature and the RIAA’s legal briefings as indicative of the company’s licensing requirement.
“Media Sentry, Inc, which promotes and advertises its expertise and qualifications as an investigative agency, was specifically hired by the [RIAA] to investigate suspected instances of copyright violations taking place within the state of Michigan and including CMU,” wrote the anonymous CMU attorney.
The complaint goes on to point out declarations used in RIAA lawsuits in Michigan courts, all of which consisted of “John Doe” lawsuits designed to subpoena ISPs for a suspected infringer’s identity.
Additionally, MediaSentry’s woes stretch beyond the state Michigan. The company was ordered earlier this year to cease and desist by Massachusetts State Police after Boston University students decided to fight their subpoenas. CMU’s complaint notes that MediaSentry’s actions sparked regulatory inquiries in Florida, Texas, Oregon, Michigan, Massachusetts, Maine, North Carolina, and Arizona – and that it has ignored “cease and desist” orders from both Massachusetts and Maine police.
While neither MediaSentry’s nor SafeNet’s websites describe its services as investigatory, advertising copy on the SafeNet websites lists a number of “intelligence services,” including “notification services” that assist business owners with anti-piracy initiatives. Copies of the website furnished by CMU attorneys, however, show that the company previously advertised its knack for “Investigating Piracy of Intellectual Property,” promising clients that its “investigation service” offers the “most advanced scanning techniques available.”
Michigan law defines a number of protected activities that require an investigation license. These requirements include any business or individual, who for a “fee, reward, or other consideration,” conducts an investigation for the purposes of obtaining a person’s identity or activities, or for securing evidence to be used before a court, among other things.
