Public court proceedings aren’t very public, and that’s the way they like them.

Would you like to monitor our government at work? What if there’s a really interesting court proceeding in Massachusetts, but you live far from Massachusetts? But you’d really like to hear the court proceeding live, because this case is about some of the lawsuits that record companies have been bringing under the Copyright Act, 17 U.S.C. § 501, alleging that individual defendants (many of whom were students) were copyright infringers—that they had illegally used file-sharing software to download and disseminate copyrighted songs without paying royalties. The Plaintiffs were a large group of record companies including Sony BMG Music Entertainment, Warner Bros. Records, Inc., Atlantic Recording Corporation, Arista Records, LLC, and UMG Recordings, Inc. In a case styled In re Sony BMG Music Entertainment, 2009 WL 1017505, 7 (1st Circuit, (Mass) 2009), the Court of Appeals recently ruled that I don't have the right to listen to court deliberations over the Internet, at least in the First District. In the trial court, Joel Tenenbaum (one of the persons whom the record companies had sued) moved to permit Courtroom View Network to webcast a non-evidentiary motions hearing that was scheduled for January 22, 2009. Presiding Judge Nancy Gertner, citing the keen public interest in the litigation, granted his motion over the objection of the record companies. She thought it would be a good idea to permit webcasting of the motion hearings. She thought that anyone interested in the exercise of the Court’s power should have the opportunity to listen in remotely through a computer. On April 16, 2009, however, the Court of Appeals struck down Judge Gertner’s decision, holding that it was inappropriate to make the inner workings of the private PUBLIC courts easily accessible to the public. The Court of Appeals said something that a sarcastic lawyer might paraphrase like this: No more of that webcasting nonsense, Judge Gertner!

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The banks own the place.

The banks "own the place." What place? Congress. Who would say such a shocking thing? Someone relatively trustworthy: Dick Durbin. Consider this from Huffpo:

Only 45 Senate Democrats voted Thursday to oppose the banking industry and pass legislation aimed at stemming foreclosures. The bill would have allowed bankruptcy judges to allow homeowners who met strict conditions to renegotiate mortgages -- a process known as cramdown. It would have only applied to mortgages entered into before 2009.

Earlier in the week, the measure's lead proponent, Sen. Dick Durbin (D-Ill.), concluded that banks "frankly own the place."

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Missouri May Allow Pharmacists to Just Say No

Need the pill? If you live in Missouri, and your pharmacist disagrees with your doctor about your reproductive needs, you're stuck. No recourse. That is, if an amended bill passed in the House makes it to law this week. According to this,

The amendment is similar to "conscience legislation" passed in other states that protects pharmacists who object to dispensing birth control medication.

Let your legislators know whether you think personal medical decsions should be up to doctors and patients, or churches acting through politicians.

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Ten of Obama’s underpublicized accomplishments

Sam Stein at Huffpo published this impressive list of Obama's under-publicized accomplishments during his first 100 days. Some of these items are truly remarkable. As I reviewed the list of ten items, I kept thinking "it's about time." Consider the new hospital records system, for example. The Bush Administration had 8 years to clean up this big mess but didn't get anything done. Under Obama, a new system is already underway. And, of course, he has done wonderful work starting to repair the sullied image of the United States around the world. It's a lot better to have good international relations than to taunt other nations and threaten wars.

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