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July 08, 2009, 11:46 AM ET
Harvard U. Law Professor Faces Sanctions for Violating Court Orders
A federal judge has threatened to sanction a professor at Harvard Law School for defying orders not to post recordings of court proceedings online.
On Tuesday, U.S. District Judge Nancy Gertner ordered the professor, Charles R. Nesson, to explain his “blatant disregard” by posting the material on the Web site of Harvard University’s Berkman Center for Internet and Society – which Mr. Nesson founded – and on Twitter. Judge Gertner gave Mr. Nesson until Thursday to defend his actions and try to avoid fines, Wired magazine reports. Audio clips were still available on the Web site on Wednesday.
“Both orders made clear that deposition recordings, while permitted within the terms of Rule 30(b)(3), were not to be made public via the Internet,” Judge Gertner wrote. “Although Mr. Nesson did not object to the order, seek to clarify it, or raise any issue with respect to either the fact of the order or its breadth, he nevertheless made portions of the Palfrey deposition available to the public on the Berkman Center Website.”
Mr. Nesson, who said he is not violating any law, is representing Joel Tenenbaum, a Boston University graduate student being sued by the Recording Industry Association of America for illegally downloading seven copyrighted songs.
In January, a judge ruled that a trial hearing could be broadcast online. The decision was appealed, only to be overruled by an appellate judge in April.
In a similar trial ending last month, the RIAA won a $1.92-million judgment against a woman who had shared 24 songs. — Marc Beja
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