Friday, February 13, 2009

2 out of 3 amicus briefs accepted by First Circuit in SONY v. Tenenbaum

In SONY BMG Music v. Tenenbaum, the First Circuit has accepted 2 of the 3 amicus curiae briefs submitted.

It rejected the brief of the Associated Press, Washington Post, New York Times, and other news organizations because acceptance of the brief would have created a need for recusal which would not otherwise be necessary.

Order denying motion to submit amicus brief of AP, NYT, Washington Post, and other news organizations
Order granting motion to submit amicus brief by Electronic Frontier Foundation and other organizations
Order granting motion to submit amicus brief by Courtroom View Network



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3 comments:

derivative said...

There were some cogent arguments in that brief that defendant incorporated by reference.

What happens to those?

Anonymous said...

@ derivative:

That's true, but at least the judge denied the briefs based on some kind of previous relationship with the people submitting the brief.

I would imagine that if the defense could find out who in particular that amic(i)(us) was, then just have that brief resubmitted without those people if there is still time to do so.

Ray Beckerman said...

I would not lose any sleep over it. If the arguments are incorporated by reference in Tenenbaum's brief then it's as if Tenenbaum made the arguments himself.