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RIAA Moves To Keep Revenue Info Secret
NewYorkCountryLawyer writes "In the Boston, Massachusetts case SONY BMG Music Entertainment v. Tenenbaum, the Court had ordered the RIAA to produce certain revenue information, which would be relevant to a determination of the 'fair use' defense. The RIAA has now moved for a protective order to keep the information 'confidential.' In the opinion of the undersigned, the fact that the motion is made jointly by four competitors shows that any claim suggesting the information is valuable or 'proprietary' would be unfounded, and the sole purpose for making the motion is to keep the information out of the hands of lawyers for other defendants, thus increasing the defense costs in other cases."
So why is it shenaningans when the copyright holder wants to protect their information but legitimate when a file sharer wants to protect his or her information?
The RIAA has thousands of cases going on, from threatening letters and settlement offers to actual court actions. The information in this case would be likely to be relevant to large amounts of those cases. We have already seen them make contradictory claims in different cases. It would serve justice and streamline the legal process for their information to be public.
The info from the hard drives of individual file sharers, however, would only usually be relevant to the case at hand. It would also be egregious privacy violation for that info to be make public and if court enforced, could amount to a 4th amendment violation.
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