Copyright Law

Judge denies defendant's reconsideration motion in SONY v. Tenenbaum, notes that audiocast of appeals court oral argument will be online

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, Judge Gertner has denied the defendant's "reconsideration" motion on the ground that defendant had initially prevailed, hence had no reason to move for reconsideration.

The Court also noted that the appellate court's oral argument will be taped, and an audiocast made available online.

The Court's order reads as follows:

Judge Nancy Gertner: Electronic ORDER entered. The Defendant's Motion for Extension of Time [786] and Motion for Reconsideration [787] are DENIED. The Plaintiffs have declined to move for reconsideration of the Court's January 14, 2009 Order, preferring to rely on the pending proceedings in the First Circuit. While the Defendant has moved to reconsider, his motion is late and without basis as he previously prevailed on the narrowcast issue in this Court. The First Circuit has set a date for oral argument, currently scheduled for April 8, 2009, at 9:00 a.m., and has solicited amicus briefs. Significantly, given the nature of this appeal -- whether the district court may "narrowcast" a legal argument -- the First Circuit has indicated that the argument before it will be audiotaped and posted online after the fact. See First Circuit Calendaring Notice, March 10, 2009, Case No. 09-1090. There is no equivalent in the district court, hence the litigation in this case.

Commentary & discussion:

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Full post as published by Recording Industry vs The People on March 24, 2009 (boomark / email).