Friday, March 13, 2009

Appellate argument in SONY BMG Music v. Tenenbaum will be available online; argument postponed to April 8th

In SONY BMG Music v. Tenenbaum, the First Circuit's oral argument -- concerning whether an argument in the court below can be made available online -- will itself be available online, according to a March 10, 2009, order rescheduling the appeals court argument for April 8th at 9 A.M.

I.e. the argument, about whether to stream the lower court argument, will itself be streamed.

Additionally, the defendant Joel Tenenbaum has filed a supplemental brief arguing that the 1996 Judicial Council resolution does not bar the internet 'narrowcast' ordered by Judge Gertner.

First Circuit Notice of Argument
Defendant's Supplemental Brief

[Ed. note. I have been advised, by a friend of the blog, that the 1st Circuit's streamed "recording" will likely be audio only. I don't see why any different considerations would apply. -R.B.]

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


Eric said...

Doesn't the fact that the hearing will be broadcast kind of moot their premises that the rules forbid such broadcasting? Or would that make far too much sense?

Anonymous said...

As far as I understood your rules, it is only on the lower court levels that participation/witnessing by the public at large is generally not welcomed.

The judges in higher appellate courts seems to be more self confident that what they do is so well law abiding that they don't fear the public.