Thursday April 16, 2009

Judge Blocks Webcam in RIAA Case

We just got word from the Harvard Law team that the First Circuit Court has blocked the requested webcast in the case of the Recording Industry Association of America vs. Joel Tenenbaum (PDF). As always, thanks to Debbie Rosenbaum for keeping us in the loop.

SELYA, Circuit Judge. This mandamus proceeding requires us to address a question of first impression: does a federal district judge have the authority to permit gavel-to-gavel webcasting of a hearing in a civil case? Footnote The district court thought that it had that authority. Capitol Records, Inc. v. Alaujan, 593 F. Supp. 2d 319, 324-25 (D. Mass. 2009). After careful consideration, we hold that a local rule, applicable in this case, when read in conjunction with an announced policy of the Judicial Conference of the United States and a resolution of the First Circuit Judicial Council, precludes such an action. Accordingly, we forbid enforcement of the challenged order and remand for proceedings consistent with this opinion.

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