Copyright Law

Judge allows internet access for demonstrations in SONY v. Tenenbaum

By Ty Rogers and Ray Beckerman

In SONY BMG Music Entertainment v. Tenenbaum, the Court has ruled that the parties can use internet access for demonstrations at the trial.

Judge Nancy Gertner: Electronic ORDER entered granting [877] Motion in Limine With Respect to Internet Access: All of the parties have internet access in courtroom 2. The issue raissed by these pleadings is what will be demonstrated to the jury. Defendant seeks to demonstrate how p2p programs operate and how alternatives to p2p networks,"such as iTunes" work. Plaintiffs oppose because they have had no information with respect to what precisely will be shown to the jury. While the Court has no problem with a demonstration of the technology at issue here, there are the following caveats: First, the defendant is required to show the plaintiffs precisely what screen shots he will use; second, the only screen shots which are relevant are those which reflect the technology available at the time of the alleged infringement. (For example, there is a question concerning whether iTunes was available at the time of the acts in question; moreover, Kazaa has a different interface and ownership now than it had at the time of the alleged infringing acts.) If the defendant wishes to use a demonstration of the sort reflecting in these papers, he is ORDERED to allow the plaintiffs to preview it. The Court notes that such a demonstration can take place at the time of the pretrial conference on July 20, 2009. (Gertner, Nancy)

Keywords: lawyer digital copyright law online internet law legal download upload peer to peer p2p file sharing filesharing music movies indie independent label freeculture creative commons pop/rock artists riaa independent mp3 cd favorite songs intellectual property portable music player

Full post as published by Recording Industry vs The People on July 17, 2009 (boomark / email).