Boston (MA) – A Boston judge has made the decision to delay a hearing in the RIAA file sharing case, allowing the RIAA enough time to appeal the ruling in which a webcast was authorized. The hearing was originally scheduled for today, but will now be rescheduled for February 24.
On Wednesday, the First Circuit ordered Tenebaum’s attorneys, and any third parties who wished to intervene, to file their written arguments by January 29.
Postponing the hearing occurred less than a week following the decision to allow the Courtroom view Network to webcast the proceedings in the lawsuit.
Attorneys for Tenenbaum wanted the webcast because streaming the hearing would allow the public to participate in the trial. The RIAA vehemently opposed the request because they feel the trial publicity could actually sway a potential jury pool.
Last week Gertner shot down arguments from the RIAA, making note of the fact that the organization constantly made claims that they had sued non-commercial file sharers in an attempt to gain publicity and encourage others to stop sharing their music.
The RIAA then quickly filed an emergency appeal with the First Circuit, their argument being that a webcast would potentially harm their case with the public because individuals would be capable of editing the streams in ways that mislead individuals. The record industry also argued that local court rules don’t allow cameras or recording devices within courtrooms except under extenuating circumstances.
The RIAA objected to the portion of Gertner’s ruling which allows the Berkman Center to host the webcast. The Berkman Center is founded by Tenenbaum’s attorney, professor Charles Nesson. In her order to postpone the hearing, Gertner made note that she had not excluded other websites from hosting the webcast.
This all comes after the RIAA made a decision to stop suing non-commercial file sharers, but to continue to litigate cases that were already in progress, included among these is the lawsuit against Tenebaum.