Welcome | View My Profile | Sign Out
MediaPost Home About MediaPost Privacy/Terms Media Kit Sitemap
Publications Home News
Online Media Daily Media Daily News Marketing Daily Mobile Marketing Daily Search Marketing Daily
Daily Feed> Email Daily Feed> Video Daily Feed> Social
Online Blogs
Online Spin Email Insider Search Insider Behavioral Insider Online Publishing Insider Mobile Insider Video Insider Gaming Insider Performance Insider Metrics Insider Social Media Insider Just An Online Minute Daily Online Examiner Raw Blog
Media Blogs
Research Brief Diane Mermigas:On Media TV Watch TV Board Magazine Rack Media Creativity Notes From the Digital Frontier Digital Outsider Mad Blog Red White and Blog
Marketing Blogs
Engage:Hispanics Engage:Kids 6-11 Engage:Moms Engage:Boomers Engage:Gen Y Engage:Teens Marketing:Green Marketing:Sports
Magazines
OMMA Magazine Media Magazine
Subscribe
Feedback Loop RSS Feeds Archives Subscribe
Dec 2 Search Insider Summit (Utah) Dec 6 Email Insider Summit (Utah) Jan 11 OMMA Agency of the Year (NYC) Jan 12 MEDIA Agency of the Year (NYC) Jan 26 OMMA Social (San Francisco) Jan 27 OMMA Performance (SF) Feb 24 OMMA Metrics Measurement (NYC) Feb 25 OMMA Behavioral (NYC) Mar 15 OMMA Global (San Francisco) Apr 14 Search Insider Summit (FL) Apr 18 Email Insider Summit (FL)
Recently Concluded Events
Nov 3 OMMA Adnets (NYC) Oct 30 OMMA Video (LA) Oct 29 OMMA Mobile (LA) Oct 29 OMMA Mobile & Video (LA) Sep 23 Creative Media Awards (NYC) Sep 23 The Future Of Media (NYC) Sep 22 Online All Stars (NYC) Sep 21 OMMA Awards (NYC) Sep 21 MediaPost Live at Advertising Week All-Access (NYC) Sep 21 OMMA Global New York (NYC)
All MediaPost/OMMA Events Event Blogging Past Event Videos
Industry Events Calendar
2010 OMMA Agency of the Year 2010 MEDIA Agency of the Year
2009 Creative Media Awards 2009 OMMA Awards 2009 Digital Out-of-Home Awards 2009 Media Agency of the Year 2009 OMMA Agency of the Year
All Awards
Employment Situations Wanted Services Offered Post a Job
Briefs Reports Online
MediaPost Directories
Mobile Insiders Group
People Finder Edit My Profile View My Profile My Contacts My Calendar
HOME • MANAGE SUBSCRIPTIONS • MEDIA KIT
Keeping Justice Opaque: RIAA Wants Private Hearing
by Wendy Davis, Tuesday, January 20, 2009, 5:00 PM

SHARE

TOOLS

RELATED ARTICLES
TAGS:  Content Issues

MOST READ

The record industry is winding down its litigation campaign against file-sharers, but the few cases that remain could still influence online media for years to come.

In one lawsuit under way in Boston, the most heated issue this week concerns whether to allow a Webcast of the proceedings. Federal district court judge Nancy Gertner authorized the Courtroom View Network to Webcast at least a hearing scheduled for Thursday. Harvard's Berkman Center, founded by the defendant's lawyer, Charles Nesson, agreed to host the Webcast.

But the Recording Industry Association of America filed an emergency appeal, arguing that a Webcast of court proceedings could prejudice it with the public. The organization contends that users might re-edit clips of court proceedings in a way that distorts the group's positions.

Even if the group is right and someone, somewhere, re-edits the Webcast to mock the RIAA, that's not a valid reason to ban the Internet from the courtroom. If RIAA feels it's being portrayed inaccurately, the group's remedy is to address that with the truth; if the group thinks clips have been taken out of context, it can post the video in its entirety on its own Web site.

Consider the wide array of events that are Webcast -- everything from Obama's inaugural speech this morning to Senate hearings to sports events -- despite the possibility that users might create misleading remixes. If lawmakers and celebrities are subject to mashups, why not lawyers in a case that's of enormous public interest?

Of course, the RIAA has made clear it doesn't like publicity about these cases -- except when it originates with them. In one recent case, the group asked a judge to deem defense lawyer Ray Beckerman "vexatious" for posting publicly available court documents at his blog, Recording Industry vs. The People.

But the RIAA's fear of publicity shouldn't determine whether this case is broadcast online. Courts are presumptively open to the public, but practical considerations make it impossible for all but a few dozen people to watch hearings live. That's why Gertner's order last week, authorizing the Webcast, made sense. If it's upheld, it could pave the way for far more court proceedings to be available for public viewing -- as they should be. The First Circuit should now uphold Gertner's ruling.

1 person recommends this article. 

3 comments on "Keeping Justice Opaque: RIAA Wants Private Hearing"

  1. Douglas Ferguson from College of Charleston
    commented on: January 20, 2009 at 7:35 PM
    That pesky RIAA, what nerve they have trying to win a case against thieves. They should just make all songs free to you and your friends so you wouldn't be forced to commit larceny.

    You're going to put a lot of courtroom artists out of business. Those artists draw pictures because cameras are kept out. Since when does the public's right to know supersede the constitutional guarantee to a fair trial?

  2. Iris J Kelley from Veterans of Foreign Wars Post 3770
    commented on: January 20, 2009 at 7:12 PM
    I agree that they should be broadcast live via the internet. Far too much of what goes on in courts and other government proceedings are not distributed properly. Everyone interested cannot attend and or be in the courtroom at once but all have a right to know the truth of what goes on inside the courtrooms. Cheerily IJK

  3. Paula Lynn from Who Else Unlimited; hollywood5459@verizon.net
    commented on: January 20, 2009 at 5:46 PM
    "Oh, what a tangled web we weave...."

Leave a Comment

You must be signed in to comment. Sign In



ARCHIVES

Recent Daily Online Examiner Articles
   
Feds Drop Appeal In MySpace Suicide Case    
The federal government today dropped its appeal in the MySpace suicide case, ending its efforts to...
BlueBeat's Technobabble Fails To Impress   
Not swayed by BlueBeat CEO's "pschoacoustic simulation" argument, a judge has issued a preliminary injunction banning...
After Privacy Breach, Blog Commenter Leaves Job   
Kurt Greenbaum, an editor at the St. Louis Post-Dispatch, doesn't seem all that happy that his...
Study: Consumers Equate BT With 'Privacy Harm'   
When privacy advocates complain about behavioral targeting techniques, industry executives tend to respond by condemning the...
Google Books Settlement Still Poses Privacy Problems   
The revised Google Books settlement, filed Friday just minutes before a midnight deadline, has left privacy...
Fake Newspaper Ads Pulled From Movie Campaign   
Ten years ago a stunt marketing campaign online propelled "The Blair Witch Project" to $250 million...
Wikipedia Tussle Over Rights Of Convicted Killer   
A German man convicted of murder has demanded that Wikipedia remove his name from all articles...
One Strike, We're Out: Ohio Town's Surprising Reaction To Alleged Piracy   
Hollywood executives have made a lot of noise about wanting ISPs to implement "three strike" policies...
How Dumping IP Logs Helped News Site Preserve Readers' Privacy   
In a stunning show of disrespect for civil liberties, the federal authorities recently attempted to subpoena...
>> Daily Online Examiner Archives 
ABOUT MEDIAPOST • MASTHEAD • MEDIA KIT • RSS FEEDS • PRIVACY/TERMS & CONDITIONS
©2009 MediaPost Communications. All rights reserved.
1140 Broadway, 4th Floor, New York, NY 10001
tel. 212-204-2000, fax 212-204-2038, feedback@mediapost.com