First Circuit Oral Hearings now online
The audio of the this morning’s oral arguments before the US Court of Appeals for the First Circuit, on the subject of whether an oral argument in the District Court can be streamed online, is now available online at http://www.ca1.uscourts.gov/files/audio/09-1090.mp3.
[update: Thanks to user Alter_Fritz for posting this with louder audio: available at: http://rapidshare.com/files/219297423/09-1090_edited.mp3]
The RIAA was represented by Daniel J. Cloherty of Dwyer & Collora.
Our co-counsel in this argument, Jonathan Sherman of Boies, Schiller & Flexner, represented Courtroom View Network. Naturally, Professor Nesson represented Joel.
Ray Beckerman has done a great job of consolidating all the legal documents associated with this portion of the case.
The original audio recording has a very low volume which makes it hard to hear the lawyers arguments and nearly impossible to hear what the judges (on the left channel) were saying.
So I took the liberty and used some Hard Limiting procedure on it (boost by 30 dB, cutof at -0.5dB i.e. I made it “louder”). No further edits -no tech savvy individual (that the RIAA lawyers argumentatively fears) here- except adding some descriptive Metadata to the file too, were made.
http://rapidshare.com/files/219297423/09-1090_edited.mp3
hth again
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A_F
It is notoriously impossible to predict how an appeals court will rule after hearing the argument.
Being a risk taker here are my predictions as to what the ruling will be:
1. The Judicial Council Resolution is not binding.
2. The District Court rule permits a judge to allow cameras in an appropriate instance.
3. Judge Gertner’s decision to allow a narrowcast of the oral argument in question was within the exercise of a sound judicial discretion and therefore not properly subject to review on a writ of prohibition.
4. Petition denied.
In dictum they may repudiate the notion that the internet should stand on a different footing than other news media.