In SONY BMG Music Entertainment v. Tenenbaum, the Court has ruled that the Chicago deposition of a third party witness may be taken by telephone, and that it would be recorded only by stenographic transcript.
Judge Nancy Gertner: Electronic ORDER entered granting  Motion for an Order Permitting Telephonic Deposition. "The telephonic deposition shall be stenographically transcribed, as are all depositions, and shall not be electronically recorded by any means except by the court reporter for the sole purpose of creating an accurate transcript." (Gaudet, Jennifer)
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