Word: gertner
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Early this year, Massachusetts District Judge Nancy Gertner phoned into a conference call between Harvard Law School professor Charles R. Nesson ’60 and three attorneys from the recording industry. Her intention was to discuss the progress of a case that Nesson had agreed to take on just six months previous—a case centering on Joel Tenenbaum, a 25 year old Boston University physics student being sued by five major record labels for illegally downloading and sharing music online...
...audio of the interchange that followed is still available online. “Who am I speaking to?” Gertner asks. Introductions follow from Nesson and the opposing attorneys...
Recording had already become an issue in the Tenenbaum case by the time Gertner made her status call. After watching Nesson take audio of his client’s deposition, the recording industry’s lawyers told him in November that they would not consent to being recorded in any of the mandatory meet-and-confer session that occur periodically in cases between counsel from the opposing sides. After protesting that he needed the recordings as a teaching tool, Nesson said he would refuse to participate in any more of the meetings. The Court was not pleased...
...aware of what the recording industry is doing to Joel and others like him, they would be outraged,” Nesson said. “I believe that this outrage would be expressed in the form of [seeking] change.” In January, U.S. District Judge Nancy Gertner allowed the Tenenbaum team’s original motion to allow Internet in the courtroom. The record industry then appealed Gertner’s decision to the U.S. Court of Appeals for the First Circuit. Last Thursday, the First Circuit Court of Appeals overrode Judge Gertner’s decision...
...conference began yesterday with a panel composed of Ginsburg, U.S. District Court of Massachusetts Judge Nancy Gertner, First Circuit U.S. Court of Appeals Chief Judge Sandra L. Lynch, and former New York Times legal journalist Linda J. Greenhouse...