Intellectual Property Law

Appeals Court Weighs RIAA Trial Broadcast

By Ryan Singel, Kevin Poulsen, Sarah Lai Stirland, Kim Zetter, and David Kravets

Will the public, for the first time, get to watch a Recording Industry Association of America courtroom lawsuit live via internet streaming?

Music industry lawyer Daniel Cloherty and Harvard University scholar Charles Nesson squared off in oral arguments over the issue Wednesday before the 1st U.S. Circuit Court of Appeals.

In court documents, the RIAA objected to a lower court's decision allowing the pretrial broadcast of Boston University student Joel Tenenbaum's challenge to allegations he purloined copyrighted music on a peer-to-peer file sharing program. Among other reasons, the RIAA claimed that a broadcast of the hearing from a Massachusetts federal court "will be readily subject to editing and manipulation by any reasonably tech-savvy individual."

This is the same lawsuit in which the Obama administration weighed in two weeks ago supporting fines of as much as $150,000 for each pilfered track.

Filming in federal court is rare and largely banned. The RIAA said there was no precedent for it in Massachusetts.

The three-judge circuit panel of the court did not indicate when it would rule, but has barred the broadcast pending a decision. Ironically, the court audio-recorded the hearing, which can be heard here (MP3 audio file).

Ray Beckerman of Recording Industry vs The People has compiled the court records related to the case.

See Also:

• AT&T, Comcast Deny RIAA 'Three-Strikes' Participation
• Obama Sides With RIAA, Supports $150000 Fine per Music Track ...
• Top Internet Providers Cool to RIAA 3-Strikes Plan
• Obama: Stop Filling Administration with RIAA Insiders
• Leaner RIAA Still Moving to Terminate Online Access of Copyright ...
• In Internet First, RIAA File Sharing Hearing to Be Webcast ...
• RIAA Courtroom Webcast in Jeopardy
• File Sharing Lawsuits at a Crossroads, After 5 Years of RIAA ...
• Analysis: RIAA Strategy Shift Mired in Murky Legal Waters

Full post as published by Threat Level on April 08, 2009 (boomark / email).