Feeds

Harvard Prof.'s hearing against RIAA can't be streamed online

Appeals court reverses web broadcast decision

5 things you didn’t know about cloud backup

The local rules of the land will keep the Recording Industry of America (RIAA) free from having their high-profile case against Joel Tenenbaum broadcast live over the internet, a federal appeals court in Boston has ruled.

The First US Circuit Court of Appeals has blocked a trial judge from letting streaming coverage of the RIAA's lawsuit against the Boston University graduate, who's accused of illegally downloading and sharing songs on the Kazaa P2P network in 2004.

A three-judge panel said US District Judge Nancy Gertner's earlier decision to make an exception to a 1996 ban on the use of cameras in the circuit's courtrooms was "unprecedented," and "palpably incorrect."

The motion to stream proceedings on the web was proposed by Harvard Law School's increasingly erratic Charles Nesson and his gang of graduate students who are defending the accused P2P file-swapper. Nesson – who's adopted the unusual position that unlicensed P2P is "fair use" – claims the broadcast will show the public how the RIAA mistreats people it takes to court. The RIAA thinks Nesson's request is a self-serving stunt to make the trial a media circus.

In January, judge Gertner gave web cameras the nod, saying such a broadcast falls "squarely within the public interest." The RIAA appealed the decision claiming it violated federal court guidelines on cameras and threatened its right to a fair trial.

Judge Bruce Selya, who penned the appeals court opinion, appeared to sympathize with Gertner's decision in spirit, stating it's decision "is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts" but instead a confined enforcement of "the rule of law."

In a concurring opinion, Judge Kermit Lipez said the outcome was "disagreeable" and the rule banning online streaming should be reexamined.

A copy of the court's decision is available here. ®

Secure remote control for conventional and virtual desktops

More from The Register

next story
6 Obvious Reasons Why Facebook Will Ban This Article (Thank God)
Clampdown on clickbait ... and El Reg is OK with this
No, thank you. I will not code for the Caliphate
Some assignments, even the Bongster decline must
Kaspersky backpedals on 'done nothing wrong, nothing to fear' blather
Founder (and internet passport fan) now says privacy is precious
TROLL SLAYER Google grabs $1.3 MEEELLION in patent counter-suit
Chocolate Factory hits back at firm for suing customers
Mozilla's 'Tiles' ads debut in new Firefox nightlies
You can try turning them off and on again
Sit tight, fanbois. Apple's '$400' wearable release slips into early 2015
Sources: time to put in plenty of clock-watching for' iWatch
Facebook to let stalkers unearth buried posts with mobe search
Prepare to HAUNT your pal's back catalogue
prev story

Whitepapers

Endpoint data privacy in the cloud is easier than you think
Innovations in encryption and storage resolve issues of data privacy and key requirements for companies to look for in a solution.
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Advanced data protection for your virtualized environments
Find a natural fit for optimizing protection for the often resource-constrained data protection process found in virtual environments.
Boost IT visibility and business value
How building a great service catalog relieves pressure points and demonstrates the value of IT service management.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.