Tuesday, July 14, 2009

Tenenbaum files miscellaneous trial-related motions

Defendant has filed 3 trial-related motions in SONY BMG Music Entertainment v. Tenenbaum, seeking:

-internet access during trial for demonstration purposes;
-waiver of witness fees; and
-lawyer-conducted voir dire of jurors.

Defendant's motion for internet access
Defendant's motion to waive witness fees
Defendant's motion for lawyers to conduct voir dire of jurors



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

3 comments:

Anonymous said...

And how does he plan on serving witnesses more than 100 miles outside the district with trial subpoenas in the first place?

Anonymous said...

The 100-mile bulge rule only applies to service of process, sometimes extending the reach to putative defendants beyond what the forum state's own long-arm statute couldn't normally achieve.

There's no problem with the court issuing subpoenas to witnesses out of state for this case. However, because the court's powers are constrained by the state's borders, if the out-of-state recipients choose to ignore the subpoenas, the court has no means to enforce them.

John

Anonymous said...

Actually, the Federal Rule says a court may not issue such subpoenas and MUST quash any such subpoena served by a party.