The latest came in a brief order on the record label plaintiffs' motion to conduct a deposition of a third party witness by telephone. Nesson had told the plaintiffs that that the "depo by phone is fine with us on condition that you assent to its being audio recorded." The labels filed a motion for an order to permit the phone depo (which is allowed under the Federal Rules) -- but without a recording by Nesson, which they feared would be posted to the Internet. Today, Judge Gertner granted the labels' motion:
Judge Nancy Gertner: Electronic ORDER entered granting  Motion for an Order Permitting Telephonic Deposition. "The telephonic deposition shall be stenographically transcribed, as are all depositions, and shall not be electronically recorded by any means except by the court reporter for the sole purpose of creating an accurate transcript.Previously, Judge Gertner has:
1) Advised the parties that recording conversations without the consent of all parties is a violation of Massachusetts criminal law;What will it take for the message to sink in?
2) Told Nesson not to condition participation in meet-and-confers on recording the sessions; and
3) Refused to allow Nesson to record an informal phone conference with the court and counsel.
(h/t Recording Industry vs. The People)