[Infowarrior] - RIAA secrecy request denied

[Richard Forno]

  Judge rejects RIAA attempt to keep revenue information secret in  
SONY v. Tenenbaum
In SONY BMG Music Entertainment v. Tenenbaum, the Court granted so  
much of the RIAA's protective order motion as sought confidentiality  
of third-party licensing agreements, but denied so much of the motion  
as sought to keep the revenue information secret:

Judge Nancy Gertner: Electronic ORDER entered granting in part and  
denying in part [870] Motion for Protective Order: The Plaintiffs'  
Motion for a Protective Order [870] is GRANTED in part and DENIED in  
part. The Proposed Protective Order (document # 870-2) sweeps far more  
broadly than the two categories of materials described in the  
Plaintiffs' motion: (1) the revenue figures ordered disclosed in the  
Court's June 30, 2009 Electronic Order; and (2) a small subset of  
contracts relating to the copyrights' chain of title. Indeed, the  
proposed order would permit either party to designate any materials  
disclosed in discovery in this case "Confidential" -- even  
retroactively. With respect to the revenue figures, the Court does not  
comprehend how disclosure would impair the Plaintiffs' competitive  
business prospects when three of the four biggest record labels in the  
world -- Warner Bros. Records, Sony BMG Music Entertainment, and UMG  
Recording, Inc. -- are participating jointly in this lawsuit and,  
presumably, would have joint access to this information. The Court  
declines to bring these materials within a protective order. It will,  
however, order the second set of documents, which implicate the  
business interests of third-party artist-owned companies, shielded  
from disclosure. These documents shall be marked "Confidential" by the  
Plaintiffs, shall be used solely for the purpose of preparation and  
trial of this litigation, and shall be disclosed only to the parties,  
counsel and their employees, actual or potential experts and  
consultants, and witnesses. They shall not be publicly disclosed, in  
whole or in part, by any means. (Gertner, Nancy)

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