Dr. Yongdae Kim (“Dr. Kim”) is a renowned scholar from the Universityof Minnesota in Computer Science.
Ex. B to Plaintiffs’ Motion. Specifically,Dr. Kim has conducted research and is an expert in peer-to-peer systems, network security, and wireless networks.
Defendant has retained Dr. Kim to offer expert testimony in this case. Inthis case, Plaintiffs seek to show that Defendant committed copyright infringementby illegally sharing music files through peer-to-peer software called “KaZaA” viathe Internet.
Plaintiffs’ Complaint. Defendant contends that she isnot responsible for downloading or using the KaZaA to share the songs at issue forinfringement in this case. Plaintiffs seek to argue that the presence of KaZaA andthe alleged infringing songs, by themselves, prove the Defendant committedillegal acts. Plaintiffs’ expert will offer such testimony as well.However, Dr. Kim will provide rebuttal expert testimony,
,demonstrating that there are many other scenarios that can explain how the KaZaAsoftware and the alleged infringing songs appeared on Defendant’s computer.This testimony will be helpful to the jury because it will allow the jury to properlyweigh the evidence regarding the origin of the KaZaA software and the allegedinfringing songs. As demonstrated below, Plaintiffs’ Motion fails to establish thatDr. Kim is not qualified to offer this reliable and relevant testimony that will assistthe jury in resolving fact issues in this case.
Case 0:06-cv-01497-MJD-RLE Document 295 Filed 06/04/2009 Page 2 of 7