Tuesday, June 02, 2009

Judge Gertner denies stay pending US Supreme Court review of petition for certiorari in SONY v. Tenenbaum

In SONY BMG Music Entertainment v. Tenenbaum, Judge Gertner denied the defendant's motion for a stay pending the US Supreme Court's review of defendant's petition for certiorari.

This means that if defendant is to obtain a stay, he will have to seek it from a Justice of the Supreme Court.

The order reads:

Judge Nancy Gertner: Electronic ORDER entered denying [834] Motion to Stay to Allow Supreme Court Review by Joel Tenenbaum. (Gaudet, Jennifer)

Commentary & discussion:


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


Anonymous said...


Can this be appealed to the First Circuit, even if it would be a foregone conclusion?

Is this a necessary or at least a desirable step before asking for a stay from the Supremes, which one would also assume is a foregone conclusion?

Anonymous said...

A bit OT, but this man wonders if the RIAA might be considered guilty of champerty. After all, the RIAA owns none of the copyrights in question in any of these suits.

Their use of what can only be rightfully called barratry in these cases is beyond question.

{The Common Man Speaking}