Boston University graduate student Joel Tenenbaum will not be the next Susan Boyle Internet phenomenon, a federal court ruled Thursday.
The United States First Circuit Court of Appeals overturned a trial judge’s decision to stream a hearing in the case of Sony BMG v. Tenenbaum on the World Wide Web. Tenenbaum is being charged by the Recording Industry Association of America with illegally downloading music.
The court panel said in an official court document that U.S. District Court Judge Nancy Gertner made a ‘palpably incorrect’ interpretation of’ Massachusetts law when she ruled that an upcoming hearing could be broadcasted on the Internet.
‘We are reluctant to interfere with a district judge’s interpretation of a rule of her court, especially one that involves court room management,’ the document stated. ‘Be that as it may’hellip; we think that the limits of the district judge’s discretion were exceeded.’
Gertner originally said in January that she would allow a key hearing in the proceedings to be streamed on the Internet. A week later, the trial was held so the First Circuit could look over a petition from the RIAA’ asking to block the Internet broadcast.
Tenenbaum was first sued by Sony BMG in August 2007 for allegedly sharing music files illegally. His lawyers said they hoped streaming the trial would be good publicity for their case.
In its overturning of the webcasting decision, the court cited Local Rule 83.3, a Massachusetts law that prohibits recording equipment in district courts, but does not mention the Internet.
Harvard University Law School professor Charles Nesson, who is representing Tenenbaum, told the Boston Globe that he will continue to pursue all legal avenues, and intends to appeal the decision to the Supreme Court because the issue extends beyond this trial.
‘We’re still discussing what exact tactic to take,’ Matt C. Sanchez, a third-year Harvard Law student working on the case with Nesson, said. ‘It is possible to appeal this webcasting issue and still have the trial continue.’
Sanchez said the decision in the appellate court was a letdown to Tenenbaum and his team.
‘We’re disappointed that we lost the webcasting case at this point,’ Sanchez said. ‘We plan on continuing to pursue this issue because it will have an effect on the rest of the case.’
The trial is set to continue on April 30. The RIAA could not be reached for comment, despite multiple phone calls.