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Apple iPod iTunes Antitrust Litigation

Citations: 75 F. Supp. 3d 1271; 43 Media L. Rep. (BNA) 1296; 2014 U.S. Dist. LEXIS 174449; 2014 WL 7323399Docket: Case No.: 05-CV-0037 YGR

Court: District Court, N.D. California; December 16, 2014; Federal District Court

Narrative Opinion Summary

This case involves a motion by Media Intervenors, including Bloomberg L.P., The Associated Press, and CNN, seeking access to a video deposition of the late Steve Jobs in an antitrust trial against Apple Inc. The motion was filed on December 8, 2014, and was opposed by Apple, with subsequent filings occurring through mid-December. The court was tasked with determining whether the video deposition constituted a 'judicial record' subject to public access. The court concluded that the deposition did not meet the criteria of a judicial record as it was not admitted into evidence and merely substituted live testimony due to the witness's unavailability. While acknowledging the media's First Amendment rights, the court found these rights were met through trial attendance and transcript access, without necessitating video copying. The court emphasized that extending access beyond the current legal framework was not prudent, especially considering potential chilling effects on witness participation. Ultimately, the court denied the Media Intervenors' motion for access to copy the video deposition, reaffirming the prohibition on courtroom photography and broadcasting, and underscoring the importance of maintaining trial integrity and witness cooperation.

Legal Issues Addressed

Balance of Public and Private Interests

Application: The court weighed the marginal public interest in accessing the video against potential deterrent effects on future witness participation and upheld the trial's procedural integrity by denying the motion.

Reasoning: The Court found insufficient evidence that the media intended to misuse the video of Steve Jobs' deposition.

Definition of Judicial Record

Application: The court determined that the video deposition did not constitute a judicial record subject to public access because it was not admitted as evidence and served merely as a substitute for live testimony.

Reasoning: The court analyzed whether the Jobs Deposition constituted a 'judicial record,' ultimately concluding it did not.

Media Access and First Amendment Rights

Application: The court found that the media's First Amendment rights were sufficiently addressed by allowing trial attendance and access to trial transcripts, without granting access to copy the video deposition.

Reasoning: The court determined that the media's First Amendment right to access was sufficiently met by allowing attendance at the trial.

Precedent on Videotaped Depositions

Application: The court referenced *United States v. McDougal* in concluding that videotaped depositions not admitted as evidence do not qualify as judicial records under public access laws.

Reasoning: The Eighth Circuit has ruled that a videotape of a deposition does not automatically qualify as a judicial record subject to public access, as seen in *United States v. McDougal*.

Public Access to Judicial Records

Application: The court analyzed the extent of public access to judicial records, emphasizing that the strong presumption of public access must be balanced against potential risks and the parties' interests.

Reasoning: A strong judicial presumption favors public access to judicial records, enabling the public to copy and inspect these records.