Copyright Law

Tenenbaum files petition for certiorari to US Supreme Court seeking webcast of public proceedings

By Ty Rogers and Ray Beckerman

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

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Full post as published by Recording Industry vs The People on June 01, 2009 (boomark / email).