Re: [dvd-discuss] Matt Pavlovich WINS in Cal. Supreme Court

["James S. Tyre" <jstyre(at)jstyre.com>]

At 03:59 PM 11/25/2002 -0800, Michael A Rolenz wrote:

> I understand the first part of
> their statement-that they were deciding on the one issue only. I was
> referring to "face the music" ....I was surprised that the
> court would interject slang into a highly formal document and what that
> portends. 

This *is* California, Mike, slang is not uncommon.  Did not Alex
Kozinski of the Ninth Circuit recently conclude an Opinion with "The
parties are advised to chill"?  (Trust me, he did.)

And "face the music" does not necessarily mean that he's
liable, just that he'd have to (possibly) defend the suit on the merits
in another forum, instead of avoiding that due to personal jurisdiction
concerns.


> Reading the dissent I'm afraid
> you are right about it
> "may - or may not -
> foreshadow what the same court's decision will be when it decides the
> _Bunner_ portion of the case"...the phrases
> "improper reverse engineering" and"trade secret"
> popped quite frequently. 

Do keep in mind, though, that those issues were not litigated here, and
the court was bound to accept as true certain allegations made in the
Complaint.  That won't be the case when they get to the Bunner
hearing.  It is an open question whether there would be a
predisposition to say the same things when the issues are litigated in
the Cal. Supreme Court.

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