Boston - The 1st U.S. Circuit Court of Appeals has overturned a trial judge’s ruling that would have allowed the trial of a man accused of copyright infringement on file-sharing networks by the Recording Industry Association of America (RIAA) to be webcast live on the Internet. Harvard Law professor Charles Neeson, representing accused file-swapper and Boston student Joel Tenenbaum, made the request that the trial be made available online, due to the public interest in such file-sharing litigation.

The appellate court found that a local rule prohibiting broadcast of federal civil cases in Massachusetts should apply in this case, despite the lower court’s contention that there exists keen public interest in the litigation.

"We are mindful that good arguments can be made for and against the webcasting of civil cases," the 1st Circuit wrote in its ruling.

"Yet, this is not a case about free speech writ large, nor about the guaranty of a fair trial, nor about any cognizable constitutional right of public access to the courts.

"This is a society dedicated to the rule of law; and if a controlling rule, properly interpreted, closes federal courtrooms in Massachusetts to webcasting and other forms of broadcasting (whether over the air or via the Internet), we are bound to enforce that rule," the court concluded.

Tenenbaum’s attorney Neeson said they "intend to explore every legal option available to Joel."

"We are disappointed by the First Circuit’s decision and maintain that Joel is being denied a constitutional right to a public trial in the age of the internet," reads a post on the defense’s website, JoelFightsBack.com.

"We believe that Judge Gertner was within her authority to make decisions regarding her own courtroom.

Related Links:

http://www.ca1.uscourts.gov/cgi-bin/getopn.pl?OPINION=09-1090P.01A

http://snipurl.com/g1nhz (DMW previous coverage)