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Webcast Smackdown

Can you fire up your computer to watch gavel-to-gavel coverage of a court hearing about illegal music downloads? Yesterday, a federal appeals court said no, reversing a district judge's decision to allow a video service to stream the fight online. Here's the opinion The case has captivated technology law watchers on a number of levels. First, the underlying lawsuit involves student Joel Tenenbaum, who's been sued by record companies for allegedly downloading at least seven copyrighted songs. According to The Associated Press Tenenbaum offered to settle for $500, but the music companies said no, and now he could be on the hook for significant stautory damages. Tenenbaum is being represented by Harvard Law Professor Charles Nesson, who has astonished lawyers with his eccentric approachto the case and his liberal blogging about it .
While Nesson and his supporters tried to argue the webcast case as a test of free speech in the internet age, the appeals court decided it had to follow clear existing rules that limit the broadcast of court hearings in that district. Undaunted, Nesson insists he will appeal the decision all the way up to the Supreme Court -- a vow that will delight Nesson-watchers, if not the Recording Industry Association of America.

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