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Sony v. Tenenbaum - Court Rules Jan. 22 Hearing Can Be Streamed; Sony Appeals

By Pamela Jones et al.

The court in Sony BMG Music v. Tenenbaum -- the case about a guy who allegedly downloaded seven songs over Kazaa years ago when he was 17 and who is now facing a damages claim of $1 million dollars -- has ruled [PDF] that the hearing on some defense motion can be streamed on the Internet. The hearing is set for January 22nd, beginning at 2 PM Eastern, which is why I'm telling you about it now. We may find the streaming issue decided at the last moment, so this is to prepare you, in case it goes forward.

Update: The hearing has been postponed [PDF] by Judge Gertner until Feb. 24.

However, Sony has just filed a Notice of Appeal [PDF] and is asking the lower court to stay the order -- here's Sony's District Court Motion for Stay [PDF] -- so there may be a delay while the courts work the streaming issue out. But the hearing will happen with or without the Internet, although I'll have to keep you posted on precisely when. If it happens on January 22nd, and I hope it will, Harvard's Berkman Center for Internet and Society will have it live. If it doesn't get streamed, I hope some of you in the Boston area will attend for us and send us reports. The case will be tried in Boston, Massachusetts, beginning on March 30th, as currently scheduled, in the US District Court for the District of Massachusetts.

I know. I said I wouldn't be doing any articles for a bit, but this is too fascinating and exciting an opportunity, to get to "attend" oral arguments together in a case of this significance, no matter where we are, no matter what side we may be on, and in our jammies even... I so love the Internet.

We'll have to wait and see what happens, but meanwhile we can use the time to get up to speed. I hope the appeals court lets the streaming go forward. I'm very much looking forward to this event. The plaintiffs? Not so much. They fought against letting this happen, and they're still fighting.

Why is this case important? Let me explain, please, how I understand the issues raised by this case.

Full post as published by Groklaw on January 17, 2009 (boomark / email).