Re: [dvd-discuss] Re: The Grounds for Appeal

["Robert S. Thau" <rst(at)ai.mit.edu>]

Bryan Taylor writes:
 > I couldn't agree with you more on this. I think the key point for the next
 > phase is to hammer the distinctions between these three concepts:
 > 
 > 1. pure speech expressing functional ideas
 > 2. "functionality" = a device capable of allowing a human to perform a task
 > 3. conduct = the actual act of exercising a device

Errrmmm... I may be speaking out of turn here, not having reviewed the
opinion in detail yet, but a common reaction has been that the judges
chose their conclusions first, and then shaped their logic to fit ---
and weren't particularly troubled when they had to stretch that logic
awfully thin to cover the facts.

If that's anywhere near the mark, then the key point that needs to be
hammered home would be an alternative view of the facts --- perhaps
beginning by pointing out that Johansen was trying not to pirate any
videos, but simply to build a DVD player, and that testimony was not
contradicted by anyone at trial...

rst