RIAA Argument About Streaming To Be Streamed 92
NewYorkCountryLawyer writes "You may recall that in an RIAA case, SONY BMG Music v. Tenenbaum, the district court ruled that an oral argument about the constitutionality of statutory damages could be streamed, and the RIAA has been fighting that with a petition for 'mandamus or prohibition' in the appeals court, which is opposed by the press. Interestingly, it now turns out that the appeals court's oral argument about the streaming will itself be recorded and then streamed. It is hard to imagine how a court which routinely streams its own oral arguments can rule that it is somehow inappropriate for similar oral arguments in the district court to be streamed as well."
Re:That's nothing... (Score:3, Informative)
a defamation claim has no requirement regarding the truthfulness or otherwise of the alleged statement or statements
In American law, truth is an absolute defense to any defamation claim. Let me repeat that: absolute.
Re:Recusal/change of venue? (Score:3, Informative)
I honestly don't think them streaming video is at all relevant. Courtrooms are open to the public, and often open to cameras -- unless there is a compelling reason that what is said in the courtroom needs to be kept secret from the public.....
I agree.
You're right that this court has already seemingly determined that there's nothing wrong with the actual act of streaming court arguments, as evidenced by them doing so themselves.
Correct.
That doesn't mean they can't impartially hear arguments over whether or not there is something specific to this case that would deserve that protection.
Correct.
As far as changing venue, I'm pretty sure that's not an option for an appeal.
Certainly not in this case. It might be if all of the judges were shareholders in one of the parties, or something like that.
Changes of venue are for when they don't feel they can get a fair trial--and since they're the plaintiffs and brought suit in this particular jurisdiction themselves, I'd say that argument flies out the window pretty immediately. That said, this isn't a trial -- this is an appeal of a particular order made by the trial judge. The best I could see them doing is recusing themselves, but I've also never heard any precedent of an entire court recusing itself from a decision. It would be highly unlikely if it's even possible.
Correct.
Re:Staples and Noonan? (Score:3, Informative)
Re:But will it be recorded (Score:3, Informative)
Actually if I remember correctly from Business Law, reproduction during a court proceeding is considered fair use. Along with legislation and "parody or satire".