Wednesday, November 19, 2008

SONY BMG Music v Tenenbaum trial adjourned to March 30, 2009

In SONY BMG Music v. Tenenbaum, the trial -- scheduled for December 1st -- has been rescheduled for March 30, 2009.


The docket entry is as follows:

Electronic Clerk's Notes for proceedings held before Judge Nancy Gertner: 11/18/09 Status Conference/Hearing held on scheduling matters re: Defendant JOEL TENEBAUM. Counsel shall submit a Joint Discovery schedule by 11/24/08; if counsel are unable to agree to a discovery schedule, plf shall file a response by 12/3/08. Hearing on pending mtns set for 1/22/09 at 2:30-5:00. Jury Trial RESET TO 3/30/2009 09:00AM; Pretrial Conference RESET TO 3/24/2009 02:30 PM in Courtroom 2 before Judge Nancy Gertner. (Court Reporter: O"Hara.)(Attorneys present: Atty Nesson, Cloherty, Reynolds, Oppenheim)


Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

9 comments:

Jadeic said...

Just to check - let's see those hands again...

It has all the hallmarks of a Marx Brothers scam.

Interested Observer said...

The mysterious Mr Oppenheim appears again! I wonder what his role in this case is.

Interested Observer said...

The RIAA pre-trial memo, proposed jury selection procedures, evidence and witness lists as well the defnendant's pre-trial memo are linked to here:
http://blogs.law.harvard.edu/cyberone/riaa/docket/

Redshirt said...

If you look at the RIAA's proposed Voir Dire, some of the questions could be seen as self-incriminating.

I don't know if anyone else can answer this, but are you under oath as a potential juror when you answer these questions and if so can you "Plead the Fifth" because a lot of these questions can be seen almost as a type of fishing.

Way to go RIAA, just have your supoena machine ready to go at the jury selection!!!

RIAA Reprehensive, err, Representative speaking to Potential Juror -- I see you answered questions 7, 8, 9 and 10 in the affirmative, please step over to our Payment Center Employee and they'll just have you sign a little piece of paper.

Man, these RIAA guys really are a bunch of jerks! And dumb ones at that!

Anonymous said...

A jury one one's peers in this case would properly include, if not be composed of exclusively, other people who have participated in peer-to-peer filesharing.

{The Common Man Speaking}

trmcdougle said...

If you did plead the fifth wouldn't the RIAA lawyers then seek to remove you as you obviously care/know too much about peoples rights?

Crias said...

A jury of your peers does not mean "other p2p-ers" here. Are women tried by women? Thieves by thieves? Asians by asians? No.

http://legal-dictionary.thefreedictionary.com/jury+of+one%27s+peers

Anonymous said...

Crias: you're right. But the fact that a huge percent of young Americans have downloaded music is a serious issue here. Is it acceptable to remove nearly all young people from juries? Is it acceptable to remove nearly all people who know anything about computers from juries? One of the big problems innocent defendants have faced is that judges don't understand the technological issues and believe that's not a problem ... I'd hate to see juries be the same way. (What I mean is, it's the plaintiff's job to explain things clearly and precisely -- handwaving usually means you have no case -- but when they've repeatedly and intentionally failed to do so, judges have let them get away with it.)

XYZZY

j. lex said...

We can hate and dislike RIAA all we want, it wouldn't make a difference. So let's support the move seeking the declaration of unconstitutionality of the law. Without which, there will be no RIAA. Well, more or less.