The record label plaintiffs have moved to bar all three of Joel Tenenbaum's experts from testifying at trial, arguing that the defense's Rule 26(a)(2) disclosures were late and insufficient. The labels charge that the reports of the experts -- Harvard Law School professor John Palfrey, Dutch computer scientist Johan Pouwelse, and Grateful Deal lyricist John Perry Barlow -- fail to comply with the rule's requirement of "a complete statement of all opinions to be expressed and the basis and reasons therefor" and a listing of "the data or other information considered by the witness in forming them." And they complain that the defense has not made Pouwelse and Barlow available for deposition.
The labels' filing also gives us a first glance at the proposed experts' reports. From my quick reading, it appears Pouwelse may have relevant opinions to offer (though I think the plaintiffs' points about the inadequacy of his disclosure and his failure to appear for deposition are well-taken). As for Palfrey and Barlow, their opinions about the music business and the law of fair use seem appropriate for an academic seminar, or a Congressional hearing on potential reforms to existing copyright law. But I doubt their opinions on what the music industry should do, or what the law of fair use should be, are properly aired at Joel Tenenbaum's trial. Happy reading:
Exhibits Re Motion to Exclude Tenenbaum Experts