Judge: ‘Harvard Prof Can Broadcast RIAA Trial on the Internet’

Acknowledges new Internet Generation, that does not read newspapers or watch the evening news, but “gets its information largely, if not almost exclusively, over the internet,” also asking why RIAA objects to informing the public about the case since it claims that’s what file-sharing lawsuits are all about – gotcha!

A few weeks ago I reported how Harvard Professor Charles Nesson and his team of Harvard Law students filed a motion to broadcast courtroom coverage of a file-sharing trial on the Internet, which is traditionally prohibited. Nesson is defending Joel Tenenbaum, who has been sued by the RIAA for $1,050,000 for allegedly downloading making available 7 songs in a shared folder when he was 17 years old.

Now it has been recently announced that District Court Judge Nancy Gertner, the judge hearing the case between Tenenbaum’s Harvard Law legal team vs. the RIAA, has decided to authorize Courtroom View Network (CVN) to broadcast the trial over the Internet.

“In many ways, this case is about the so-called Internet Generation — the generation that has grown up with computer technology in general, and the internet in particular, as commonplace,” reads Judge Gertner’s opinion. “It is reportedly a generation that does not read newspapers or watch the evening news, but gets its information largely, if not almost exclusively, over the internet. Consistent with the nature of these file-sharing cases, and the identity of so many of the Defendants, this case is one that has already garnered substantial attention on the internet.”

CVN will provide a live feed to the Berkman Center, and although details are still being worked out, it is anticipated that the Berkman Center will make the stream publicly available on its website for free.  The Berkman Center for Internet and Society at Harvard Law School will be underwriting costs and making the content available to the public under a creative commons noncommercial license.  

“The federal court is open not only as a court of justice but a forum of civic education,” said Nesson. This opportunity will allow intelligent public domain to shape itself by attending and engaging in a public trial of issues conflicting our society.”

Judge Gertner also makes a point of castigating the RIAA for attempting to prevent broadcasting the trial over the Internet being that it claims the whole purpose of suing file-sharers is to educate them that it’s illegal.

“While the Plaintiffs object to the narrowcasting of this proceeding, their objections are curious,” the Judge continues. “At previous hearings and status conferences, the Plaintiffs have represented that they initiated these lawsuits not because they believe they will identify every person illegally downloading copyrighted material. Rather, they believe that the lawsuits will deter the Defendants and the wider public from engaging in illegal file-sharing activities. Their strategy effectively relies on the publicity resulting from this litigation.”

It may be curious to the judge, but the rest of us have listened to the RIAA’s double-speak for years. It’s never intended to educate the public, only to scare them. Why else would the RIAA offer to “settle” for a few thousand with the threat of a million dollar judgment if the accused dare argue their case in open court?

Also, remember how the RIAA said it had ended the practice of suing individual file-sharers only to file a new copyright infringement complaint a mere 8 DAYS LATER in UMG Recordings v. Briggs?

Ultimately, Judge Gertner decided that so long as there is “no interference with the due process, the dignity of the litigants, jurors, and witnesses, or with other appropriate aspects of the administration of justice” that the “public should be permitted and encouraged to observe the operation of its courts in the most convenient manner possible.”

All I can say is that it’s about time the public was allowed to watch the sort of trial that the RIAA has threatened millions with unless they settled out of court over the years. An added delight is that the RIAA is taking on a Harvard professor and his assembled team of volunteer law students. Watching it unfold before our very eyes is sure to be an entertaining experience.

We all owe Professor Nesson a debt of gratitude for this one.

Let the games begin!

jared@zeropaid.com

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