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The Hearing Will Not Be Televised

"The revolution will not be televised," musician and poet Gil Scott-Heron recited on his 1970 debut album, "Small Talk at 125th and Lenox." Nor will be the proceedings in U.S. District Judge Nancy Gertner's courtroom, at least not today. After the recording industry sought appellate review of Gertner's order last week allowing the webcast of a motion hearing scheduled for today, she entered an order yesterday postponing the hearing until Feb. 24. The Boston Globe reports:

Six days after US District Court Judge Nancy Gertner granted a motion by the student's legal team to let the hearing scheduled for tomorrow be streamed onto the Internet, she issued a stay late Tuesday sought by the Recording Industry Association of America. The association has asked the US Court of Appeals for the First Circuit to block the webcast.

Gertner denied the association's request for a permanent stay, but said in a ruling late Tuesday that postponing the hearing will allow the appeals court "an opportunity to fully consider the petition before it."

In granting the postponement, Gertner noted that there is no emergency that would require the motions to be heard immediately. She also said that many of the plaintiffs' objections "involve questions of 'how' the recording will be made and distributed and not 'whether' the hearing can be recorded." Additional information is available from the Citizen Media Law Project.

Posted by Robert J. Ambrogi on January 22, 2009 at 11:12 AM | Permalink | Comments (0)

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