Appeals Court Says RIAA Trial to Remain Shrouded

In what is currently the most high-profile P2P case in the US courts, Joel Tenenbaum and his lawyer, Harvard Law professor Charlie Nesson, had requested that the trial be webcast so that everyone could see just how abusive and dangerous RIAA had become.  The judge in the case agreed:

Judge Nancy Gertner believed that she had the discretion to allow recording in particular cases. She wanted to open the proceedings to the country at large, as did Nesson, who has repeatedly spoken about how the Internet permeates the lives of Americans today and how using the ‘Net to bring a case like this to the public would be a tremendous educational opportunity.

Of course, RIAA objected and now the Appeals court has sided with RIAA, blocking the webcast from going forward:

The Appeals Court held that Judge Gertner did not have the discretion to allow the recording, and they said that this did not affect the public’s ability to access the trial. “While the new technology characteristic of the Information Age may call for the replotting of some boundaries,” said the decision, “the venerable right of members of the public to attend federal court proceedings is far removed from an imagined entitlement to view court proceedings remotely on a computer screen.”

This is disappointing on a number of levels. First, it truly would have been a hugely educational experience for any and all who chose to follow the trial.  Second, RIAA has always claimed that it pursued these abusive cases as a way to deter others from piracy, so it is odd that they wouldn’t want every potential pirate out there to see just what happens if you fight them all the way to court.

Finally, it is hard to understand who would be hurt by opening up the trial for the world to watch.  This isn’t a rape case where sensitive or even offensive content might be revealed.  This is a civil trial about issues effecting every single person who goes online.

It is only a matter of time before all court cases are webcast – it’s too bad this won’t be one of the first.

LINK

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Law Students Taking on RIAA

I was reading an update of a case in NH in which RIAA has accused a woman in her 50’s of illegally downloading and uploading a number of hard-core rap songs.

Turns out she is getting help from professors and students at Franklin Pierce Law School.  Add them to a growing list of law schools that are getting involved in RIAA cases as a way to both make a difference and as an opportunity to get students the kinds of hands-on experience that can’t be had in a classroom.

ArsTech points out: The Joel Tenenbaum case in Massachusetts is being argued by a Harvard Law professor and his students. The University of Maine School of Law has also taken up RIAA cases.

One of the biggest complaints against RIAA, aside from the overall weak nature of their basic stance, is that they prey on individuals who rarely have the resources or education to defend themselves.  It is very exciting to see students and teachers using the situation as an opportunity  and one can only imagine the chagrin in causes RIAA when they learn that instead of going to court against a lone 50-year-old woman they are facing a school full of students who would like nothing better than to win one for the little guy.

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Havard Law Students Take on the RIAA

There’s a very important case brewing in Boston where Joel Tenebaum is being sued by the RIAA for what could be $1,000,000 all for downloading seven songs from a popular P2P network.

ArsTech has been covering the story and they have a great overview/update of it on their blog.  Here’s a taste:

[Harvard Law Professor] Nesson took the case, acting as Tenenbaum’s attorney, but he outsourced the work of research, strategy, and brief writing to a set of eager Harvard Law students. The students would quickly mount an ambitious defense, not just of Joel Tenenbaum, but of the claim that the RIAA legal campaign was unconstitutionally excessive and improper. Armed with a law library, Twitter, a Web site, and caffeine, the students have already made sure that the upcoming Tenenbaum trial will eclipse the Minnesota Jammie Thomas case for sheer spectacle.

This is great reporting by ArsTech on a story everyone should be following.

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