Wired's Threat Level blog is reporting that the Recording Industry Association of America has filed a motion to compel Charles Nesson to cease recording and posting depositions and other discovery materials to his blog or to the website for the Berkman Center for Internet & Society. The motion also requests monetary sanctions for Nesson.
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. The RIAA aren't the only people that Nesson has annoyed with his
postings of recorded conversations and other communications. Nesson
internal communications between members of his team to his blog, as
well of a recording of his wife making disparaging comments about a
team member. He eventually removed them after the other parties
bristled at the unwanted publicity a little bit.
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."