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RIAA wins appeal over webcast of Tenenbaum hearing

17 April 2009 9:33 by Rich "vurbal" Fiscus | 4 comments

RIAA lawyers won a victory in the Joel Tenenbaum file sharing lawsuit yesterday when a Federal Appeals Court overturned a lower court decision to allow a hearing to be webcast.

In her earlier ruling, Federal District Court Judge Nancy Gertner had determined that court rules allowed her the discretion to permit the webcast. In overturning her ruling, appellate judges said Judge Gertner was "palpably incorrect."

They noted the same rule included a list of specific circumstances where broadcasting court proceedings would be appropriate, which wouldn't be necessary if the decision were left in the judge's hands.

Regardless of the court's opinion on the procedural question, what remains to be explained by the RIAA is why they are opposed to the public seeing what goes on in the courtroom. Their lawyers argue it would cause their clients irreparable harm because it could be edited in such a way as to make them look bad.

Although he's sympathetic to the RIAA's concerns, as he told Afterdawn earlier this year, Tenenbaum's lawyer feels the wording of Judge Gertner's ruling addresses the issues. The RIAA would have been given equal access to the original, unedited footage, allowing them to use it for their own "educational" purposes.

Permalink to this article | Topic: Lawsuits & Legislation

RIAA lawyers oppose Jammie Thomas getting time to find a lawyer (19 May 2009)

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Jennifer "steals just one copy" Pariser hired to head RIAA legal team (4 February 2009)

The truth about RIAA lawsuits: A look at the Joel Tenenbaum case (24 January 2009)

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Discuss this article!
ZippyDSM (AfterDawn Addict) 17 April 2009 10:18
Fire all judges and instate tribunals(or jury's of judges..or just jurys since judges have gotten to fcking powerful) if a judge can not have any say in their trail proceedings... [ + quote]
louispq (Newbie) 17 April 2009 13:35
This is too many victories for the riaa in such a short time. I guess they will have one amazing party with all the money "they stole" from there previous court cases. If they have another victory in the next 24 hours I will not be able to bare it. [ + quote]
maryjayne (Junior Member) 21 April 2009 8:39
Can we get a cammer into the court room to record the hearing? I would waste my bandwidth on the poor audio and video quality to download the cam-vid. [ + quote]
chinpark9 (Newbie) 27 April 2009 17:39
When this thing started, a few years back, I had some, if only a little, support for this organisation that supported the rights of the performers et al. Within a short time, they showed themselves for the sharks that they are, and lost my sympathy/support. I am only a little graas root sort of a person, and the only way I can register protest, is to keep out of the movie theatres,and not purchase any DVDs, and gave myself a year to see if it would affect my life in any meaningful way. I have to report that it has not. Time enough to see those movies if and when the television stations choose to show them, anyway, the Discovery Channels, Crime and other of the same kind of channels can fill your day without paying the earth for the utterings of Hollywood. I am only one person, so cannot expect any results from my protest, but, who knows, there may well be someone else out there with the same kind of thinking. [ + quote]