According to court papers filed today in SONY BMG Music Entertainment v. Tenenbaum, the defendant is filing a petition for certiorari in the United States Supreme Court, seeking review of the First Circuit's ban on webcasting of district court proceedings.
Defendant has moved for a stay of all proceedings, in the District Court, pending Supreme Court review.
The petition is based on the First and Fifth Amendments of the Constitution, and among other things, raises the following issue:
In totally prohibiting a district court judge from exercising any discretion to facilitate exercise of the constitutional rights of public access by means of Internet or other electronic broadcasting of open-court sessions in civil cases, does the ruling below impermissibly restrict the judicial power vested in federal district court judges by the Constitution and creational statutes?
Motion for Stay
Petition for Certiorari
Commentary & discussion:
Digital Media Wire
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