Fourteen news companies filed a brief in the 1st U.S. Circuit court of Appeals seeking the court to stream a hearing between the Recording Industry Association of America (RIAA) and a Boston University graduate student accused of copyright infringement.
The RIAA is fighting the online webcast, stating it would reduce the likelihood of a fair trial, along with federal court guidelines that prohibit cameras and video cameras in use during court. The RIAA is especially worried the case could prejudice future jurors, although the defendant's attorney and judge said the court system could still find an unbiased jury.
There is a camera already present in the court room, so nothing extra would have to be installed.
Boston University graduate student Joel Tenenbaum is accused of music piracy, and Charles Nesson, his attorney who is a Harvard Law School professor, requested U.S. District Judge Nancy Gertner to allow a video camera so the video could be sent to the Harvard Berkman Center for Internet and Society. The center would then stream the hearing online to anyone who wishes to watch.
The 14 news groups, including the Associated Press, Washington Post and The New York Times, believes there is "nothing inherently harmful" allowing a camera to stream the hearing to people online who want to watch the legal proceedings. Judge Gertner will not likely take the RIAA's side, and could even be willing to stream the entire case online, though a final decision hasn't been made.
Tenenbaum is accused of copyright infringement and is now being sued for around $1 million in damages. He reportedly received a letter requesting an out of court settlement and offered to pay $500 of the $3,500 original settlement offer. The RIAA refused the $500 settlement. Once the case was taken to court, the RIAA requested $10,500, but Tenenbaum offered to pay just $5,000, which was also rejected.
In a change of tactics against file sharing, the RIAA will leave behind individual lawsuits to instead focus on putting pressure on ISPs to crackdown on pirates. Prior to this change in plans, the RIAA previously filed more than 35,000 individual John Doe lawsuits against alleged file sharers.
