As expected, the First Circuit has denied Joel Tenenbaum's petition for rehearing en banc of its decision barring the webcast of district court proceedings in his high-profile copyright case. The First Circuit also denied Tenenbaum's motion to stay the district court motion hearing that was to be webcast -- a hearing that was set for today (April 30). However, District Judge Nancy Gertner had already postponed the hearing until June 5, so that date will stick, unless one of the parties persuades her to move it up.
UPDATE: The labels have indeed asked Judge Gertner to move up the motion hearing, possibly to next week. The parties are also tussling over a deposition of a third-party witness that the labels would like to conduct by phone (which is permitted under Rule 30(b)(4)). Tenenbaum's counsel, Harvard Law School Professor Charles Nesson, says he's OK with a phone depo -- but only if he can record it. The labels object to recording, fearing that Nesson's team will post it to the Internet. Sound familiar? (h/t Recording Industry vs. The People)
UPDATE 2: The issue of the identity of the potential phone deponent (called a "mystery witness" by Recording Industry vs. The People) is a bit silly. While the labels chose not to name him in their motion "out of respect for the deponent’s privacy," I was able to figure out his name by spending fewer than 10 minutes on PACER and Google. His name has been mentioned in other court papers in this case, on Tenenbaum's own web site, and on at least one anti-RIAA blog. There's no real secret here.