RIAA gets a chance to overturn video streaming order in music piracy case
Appeals court agrees to hear trade group's motion seeking to bar live streaming of hearing
Computerworld - A federal appeals court in Boston has agreed to hear a motion filed by the Recording Industry Association of America (RIAA) that seeks to prevent courtroom proceedings in a music piracy case from being streamed live on the Internet.
In an order issued Wednesday, a three-judge panel at the First Circuit Court of Appeals noted the public interest in the piracy case and the "substantial and novel questions" raised by the prospect of live streaming. The judges called on both the RIAA and the defense to submit legal arguments on the streaming issue in an expedited fashion. The court will then decide if any oral arguments are needed to "facilitate the decisional process," the order noted.
The RIAA is asking the appeals court to overturn a Jan. 14 ruling by U.S. District Judge Nancy Gertner that authorized live video streaming of an upcoming hearing in the piracy case, which involves several music labels and a 25-year old Boston University doctoral student named Joel Tenenbaum.
Tenenbaum is accused by the RIAA of illegally downloading and distributing hundreds of songs over a peer-to-peer network, although the trade group's lawsuit lists only seven of the songs. The lawsuit was filed in August 2007, but it shot into the public limelight last fall, when Harvard University law professor Charles Nesson began representing Tenenbaum in the case.
In October, Nesson filed a counterclaim challenging both the constitutionality of the federal Digital Theft Deterrence and Copyright Damages Improvement Act and the RIAA's attempted use of that law against Tenenbaum. Nesson also challenged the appropriateness of the massive fines — ranging from $750 to $150,000 per willful infringement — that are available to the music labels under the statute.
Gertner's live-streaming ruling related to a hearing on the counterclaim that originally was scheduled for Thursday in U.S. District Court in Boston. However, the hearing was postponed until Feb. 24 after the RIAA said that it planned to appeal the judge's ruling, which authorized the Courtroom View Network to send a live video of the proceedings to Harvard University's Berkman Center for Internet & Society. The center, in turn, would make the video stream available to the public on its Web site.
Nesson asked Gertner to allow the hearing to be streamed, claiming it would allow a broader Internet audience "to see what's at stake and just how out of proportion the [RIAA's] response is to the supposed infraction."
But in its appeal of the streaming order, the RIAA called Gertner's decision "wrong on its face" and "troubling in its application." The trade group said the fact that the video stream would be distributed by the Berkman Center, which Nesson co-founded, was unfair and prejudicial to the music labels. Such an arrangement "undermines basic principles of fairness and is flatly inconsistent with the public interest," the RIAA said in its motion to the appeals court.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
- The 12 PCI DSS 3.0 requirements addressed by Peer 1 Hosting This handy quick reference outlines the 12 PCI DSS 3.0 requirements, who needs to be compliant and how Alert Logic solutions address the...
- Defense Throughout the Vulnerability Life Cycle This whitepaper provides insight into how to leverage threat and log management technologies to protect your IT assets throughout their vulnerability life cycle.
- Alert Logic for PCI DSS Compliance To achieve PCI DSS compliance, you must identify and remediate all critical vulnerabilities detected during PCI scans. Threat Manager streamlines this process by...
- Cybersecurity Imperatives Reinvent Your Network Security With Palo Alto Networks The Rise of CyberSecurity
- Live Webcast On-demand webinar: "Mobility Mayhem: Balancing BYOD with Enterprise Security" Check out this on-demand webinar to hear Sophos senior security expert John Shier deep dive into how BYOD impacts your enterprise security strategy...
- Live Webcast Endpoint Backup & Restore: Protect Everyone, Everywhere Arek Sokol from the bleeding-edge IT team at Genentech/Roche explains how he leverages cross-platform enterprise endpoint backup in the public cloud as part...
- Streamline Software Asset Management, Compose a software Management Symphony Keeping track of your organization's software is easy with effective software management solutions from CDW. View the videos in our software solutions channel
- Druva inSync: Endpoint Data Protection & Governance CLICK HERE to watch this video about protecting corporate data on laptops and mobile devices, sponsored by Druva. All Security White Papers | Webcasts