Re: [dvd-discuss] Will there be an appeal?

[microlenz(at)earthlink.net]

I don't know about a corporation but individuals can be declared 
vexatious litigants in Cal. But that is more trouble than it's worth 
because the courts don't like to block access for individuals or 
administer the suits when they get filed.

I don't know if anyone has pioneered a Class Action-anti SLAPP 
suit yet.

Date sent:      	Mon, 03 Dec 2001 10:35:54 -0700
From:           	"John Zulauf" <johnzu@ia.nsc.com>
To:             	dvd-discuss@eon.law.harvard.edu
Subject:        	Re: [dvd-discuss] Will there be an appeal?
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> Jim,
> 
> pratical question.  Given the decision of the lower court, what is to
> stop the RIAA et. al. from praticing "lawsuitus interuptus" where they
> always pull out at the last minute and leave the defendendant with no
> cause, but having missed their publication windows, and having
> incurred substantial legal costs.
> 
> Can it be true that the deepest pocket can practice legal "assault,
> but never battery" with impugnity?
> 
> Clearly Adobe has gotten away with this in Sklyarov -- wringing their
> hands publically, but having no apparent liabilty for the imprisoning
> of a foreign national.
> 
> Where are the checks and balances here?
> 
> .002
> 
> "James S. Tyre" wrote:
> > 
> > If Felten is appealed, it would be to the Third Circ., not the
> > Second.  The case was dismissed by a federal court in New Jersey,
> > the Third is NJ, PA, whatever the abbreviation for Delaware is.
> > 
> > In Felten, there is an automatic right to appeal, though we've made
> > no decisions yet on what we will do.  In 2600, whether the next step
> > would be to petition the 2nd to rehear the case en banc, or to take
> > it to the Supreme Court on a writ of certiorari, review is entirely
> > discretionary.
> > 
> > If we do appeal in Felten, and if we win, the case just goes back to
> > the trial court.  The dismissal was for lack of subject matter
> > jurisdiction, not a ruling on the merits of the DMCA/First Amend.
> > claims.
> > 
> > At 11:55 PM 12/2/2001 -0500, Arnold G. Reinhold wrote:
> > >Yahoo/Reuters has a nice article on the First Amendment
> > >implications of the 2nd Circuit's ruling in Universal v.
> > >Remerdez/Corley/2600 ,
> > >http://dailynews.yahoo.com/h/nm/20011202/tc/tech_dmca_dc_1.htm ,
> > >but at the end they quote Cindy Cohn of the EFF as saying 'there
> > >was a ``strong possibility'' the Felten case would be appealed, but
> > >wasn't so sure about the Corley case.'
> > >
> > >Is there really doubt about the possibility of an appeal from the
> > >2nd Circuit or did the reporter get it backwards, i.e. an appeal of
> > >the Felton case is in doubt? The later might make sense since a
> > >Felton appeal would presumably be heard in the pro-DMCA 2nd Circuit
> > >and the Corley case would presumably get to the Supreme Court well
> > >before Felton ever would.
> > >
> > >Arnold Reinhold
> > 
> > --------------------------------------------------------------------
> > James S. Tyre                               mailto:jstyre@jstyre.com
> > Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
> > 10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
> > Co-founder, The Censorware Project             http://censorware.net
>