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Re: [dvd-discuss] 2600's request for rehearing en banc denied



I agree that it would have been better to wait for eldred, however it seems 
that if they want to appeal it, it has to come in 90 days.  I do think that 
this is a good case to use because :

1. with the preliminary injunction, it becomes a free speech case, which I 
think could get kennedy and o'conner to look at it.
(stevens and breyer will probably take it anyway)
2. it's about software, which will be a whole lot easier than a case about a 
hardware 'cracker'.
3. there's a direct conflict with a californian appeals court, which ruled 
exactly oppossite.
4. in eldred, I think there's a good chance that they will rule that fair 
use is required by the 1st amendement, however in eldred it's only about : 
is there or not a 1st amendement right of fair use. It doesn't address to 
which extent there is. The 2600 case can give them the chance of defining 
that too.


>From: "Ernest Miller" <ernest.miller@aya.yale.edu>
>Reply-To: dvd-discuss@eon.law.harvard.edu
>To: <dvd-discuss@eon.law.harvard.edu>
>Subject: Re: [dvd-discuss] 2600's request for rehearing en banc denied
>Date: Sat, 18 May 2002 08:27:43 -0400
>
>I am optimistic that Eldred will win, but it not clear to me how decisive 
>or
>broad the win will be.  Considering how screwed up the 2600 case has 
>become,
>I think it probably best to wait for another case or at least until Eldred
>has been decided.
>
>If Eldred is decided as favorably as I hope (not expect) it will be, then
>the next DMCA case will give the defense a whole lot more ammo.
>
>----- Original Message -----
>From: "someone somewhere" <chaos755@hotmail.com>
>To: <dvd-discuss@eon.law.harvard.edu>
>Sent: Saturday, May 18, 2002 8:23 AM
>Subject: [dvd-discuss] 2600's request for rehearing en banc denied
>
>
> > Wired is reporting that 2600's request for rehearing en banc for the 2nd
> > circuit court of appeals is denied.
> >
> > http://www.wired.com/news/politics/0,1283,52609,00.html
> >
> >
> > Declan McCullagh seems to suggest that it might be better not to appeal 
>to
> > the supreme court, my guess on this is that with scotus recently 
>accepting
> > to hear eldred, they are willing to go against the ever increasing
>strenght
> > of copyright law.
> >
> > _________________________________________________________________
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