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RIAA v Tenenbaum won’t be televised

p2pnet news view | RIAA News:- The RIAA and its lawyers have been granted permission to cower behind the same legal system they’re using to pillory innocent people, including young children.

In the Joel Tenebaum vs the RIAA case, judge Nancy Gertner ruled the farce (sorry, oral arguments) could be streamed live online, and that permission might also be granted for the entire trial to be held in full light of day.

The RIAA claims its whole sue ‘em all mess is an educational exercise.

It is:  Vivendi Universal, EMI, Warner Music and Sony Music want to let people know what could happen if they dare go up against the RIAA. [The chances of that happening to any one person are zip to zero. But never mind. It looks good in the media.]

So it seemed more than a little odd when they pulled out all the stops to thwart efforts to publicise the hearing online via TV.

Now, however, the Appeals Court has ruled against allowing the oral arguments to be aired in public.

“Sorry,” says  Ray Beckerman in Recording Industry vs The People, “but I do not understand the First Circuit’s reasoning one iota,” going on »»»

During the oral argument, the judges made sense; but their written decision makes no sense to me at all. It seems to me that

(a) the rule clearly on its face allowed exceptions,

(b) the judicial council resolution was of no force and effect,

(c) the judicial conference resolution was of no legal force and effect,

(d) there is no such thing as “advisory mandamus”, and (e) the First Amendment certainly was implicated

Ironically, notes Beckerman, “the appeals court’s own oral argument was streamed over the internet in mp3 format.”

It conceded the case wasn’t a “traditional case for a writ of mandamus, but invoked ‘advisory mandamus’,” he says.

It, “went on to find that the district court rule barred the webcast that the Judicial Council wasn’t required to give notice of its resolution, and that the Judicial Conference resolution, although not binding, was entitled to great deference.

“The court held that there were no constitutional issues involved.”

Stay tuned.

Jon Newton – p2pnet

April, 2009


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14 Responses to “RIAA v Tenenbaum won’t be televised”

  1. Anonymous Says:

    obama and his cohorts at work

  2. Anonymous Says:

    Exactly. We’ve got change!

  3. Anonymous Says:

    Exactly. We’ve got change!

    we haven’t but we shud have http://www.p2pnet.net/story/19711

  4. Anonymous Says:

    In other words, even though much reason was presented in favour, and no rational reason was presented against, it won’t be allowed.

    …No surprise, really.

  5. surfer Says:

    u sheeple starting to realize that the MAFIAA is going to get their way, regardless, yet?

  6. Anonymous Says:

    Nothing new here.

    The mouthpieces spout sound bytes that are feel good. When given the opportunity to have at not cost to them, their purported reasoning for doing sue em all as educational, all of a sudden it isn’t in their interests to spread the word.

    You can couple this directly for the RIAA and cohorts serving the artist’s interests as being the same sort of feel good. Always said but when push comes to a shove to prove it, then actions speak volumes more than words do.

  7. Hippie Says:

    ” obama and his cohorts at work ”

    riiiight.

    And this would be different in a McCain administration how .. precisley ?

    So much fear over skin color.

  8. Devil's Advocate Says:

    @Hippie…
    “So much fear over skin color.”

    Don’t go there, okay?!
    The 1st Reader’s Write was referring to Obama’s filling the Dept. of Justice with all the RIAA pricks.

    I wish some people would think before automatically playing the f$&king Race Card all for nothing.
    (Wait until you’ve got “something”…)
    : )

  9. Anonymous Says:

    ” obama and his cohorts at work ”

    I wrote that. I stand by that.

    I don’t give a flying fuq about skin color.

    You obviously have a political/RACE agenda.

  10. Anonymous Says:

    I don’t give a fuck about race too.

    It’s OBushma and his partners in crime at the Department of Injustice.

    The alternative was McBush.

    http://online.wsj.com/article/BT-CO-20090416-711813.html

  11. Qix Says:

    On no, can’t say anything bad about Obama, because then its racism. Also, WTF does McCain have to do with anything. If anything, someone here bitching about Obama would be more likely to have wanted Ron Paul in the White House.

  12. Yippie Says:

    The system was pwn3d long before Obama arrived. 8 years of pure executive branch corruption and stacking the judicial paralleled with 6 years of blind legislative branch support of corruption made sure of that.

  13. Dude from Finland Says:

    Obama has gotten way too much good press all along. I don’t care who he is but enough is enough. Why are people still looking at him like a demigod? He is a fuckin man, just that nothing more, no magic whatsoever. Stop idolising him and start criticizing(sp?) him for the screw up’s and blatant screw overs he’s made. He will be a hero when history makes him one, not because some newspaper wrote it.

    Anyway back to the story. It’s a sad tale and one that makes no sense at all.

  14. Monkey D. Luffy Says:

    They have some rather small video cameras out there, just fantasizing here but it would be kind of nice if someone snuck one of those in, videoed all the proceedings, and anonymously dumped them to youtube when the trial was done(IE, too late to start searching everyone for small vidvams). Cockroaches don’t like it when light is shined on them…

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