Challenging Picscout! Questioning the witness?

[rock]

The date of the infringement is important. In the Advernet case, many images were lacking the date of infringement, and picscout did not provide that. In the past, Picscout was also SLOPPY about it. (I am sure they will fix this now)
In the Advernet case, the date of uploading the file from picscout is NOT the date of infringement; they could not establish the date of infringement, it could be more than 3 years, this is what the judge established. The judge challenged Picscout.

Challenging Picscout!

Have you ever gotten a traffic ticket taken by a camera when crossing an intersection on a red light? Do you know that these tickets have been challenged in courts many many times, and were won. One of the way they were challenged is the officer had to bring the maintenance records of that camera. The officer has to explain how technically the camera system works, and how he did establish that an infraction did happen. If these records are not available, and you can not question the party/entity that witnessed the infraction, you can directly make a motion to dismiss the case.  This is what the judge tried to understand in the advernet case, how picscout works.

Picscout is run from another country, and if you can not question that entity that is CLAIMING it witnessed the alleged infraction, you can directly make a motion to have your case dismissed
(if you can not question the witness = no case)

Always ask for proof of the date of the alleged infringement,
(and how it was established - not just a photo of your website - the date of uploading the file from picscout is NOT the date of infringement)
the period of the alleged infringement,
picscout maintenance records and modifications to their system,
picscout error logs,
picscout hardware and software problems.
is picscout electronic data preserved correctly according to the USA electronic data preservation laws
......etc....etc.....

Machines malfunction a lot, and DATA get lost or altered.