The motion comes after Nesson recorded multiple depositions and at least one phone conversation between the judge in the case and RIAA lawyers. The RIAA lawyers argue that Nesson posted the recordings to the internet, even after the judge instructed him not to. The judge has already admonished Nesson that taping conversations in Massachusetts is illegal without the consent of all the parties to the conversation.
This latest motion comes after Nesson's failed attempt to have the entire proceedings webcast. Throughout the case he has argued that the suit is really about the openness of the internet at its core, and that his postings are only meant to put this theory into practice.
"I'm opening it up," the Wired post quotes Nesson as saying. "That's what I founded the Berkman Center to fight for."