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.”
Jon Newton – p2pnet
Use free p2pnet newsfeeds for your site. It`s really easy! Subscribe to p2pnet.net | | rss feed: http://p2pnet.net/p2p.rss | | Mobile – http://p2pnet.net/index-wml.php
Net access blocked by government restrictions? Use Psiphon from the Citizen Lab at the University of Toronto. Go here for details.