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





Here's a nice quote that shows that the majority was actually able to engage in
legal reasoning despite the DVDCCA's attempts to turn their brains to mush:

First, Pavlovich's knowledge that DeCSS could be used to illegally pirate
copyrighted motion pictures on DVD s and that such pirating would harm the
motion picture industry in California does not satisfy the express aiming
requirement. As an initial matter, we question whether these effects are even
relevant to our analysis, because DVD CCA does not assert a cause of action
premised on the illegal pirating of copyrighted motion pictures. (See
Cornelison v. Chaney (1976) 16 Cal.3d 143, 148 [specific jurisdiction  depends
upon the quality and nature of [the defendant s] activity in the forum in
relation to the particular cause of action  (italics added)].)

--- "James S. Tyre" <jstyre@jstyre.com> wrote:
> http://www.courtinfo.ca.gov/opinions/documents/S100809.PDF
> 
> or
> 
> http://www.courtinfo.ca.gov/opinions/documents/C038912.DOC
> 
> 4-3 decision today, it does not get closer, but a win's a win, whether 4-3 
> or 7-0.


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