Just scanning the opinion, especially the "concurring" opinion of Moreno, it's not quite as bad as it would seem. They merely affirmed the preliminary injunction at the time it was granted. They did not affirm a permanent injunction. They also seemed skeptical of the DVDCCA being able to pull off a trade secrets theft case-Moreno was not just skeptical but stated that they had not and doubted whether they could.
"Dean Sanchez" <DSANCHEZ@fcci-group.com> Sent by: owner-dvd-discuss@eon.law.harvard.edu
08/25/2003 11:19 AM
Please respond to dvd-discuss
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Subject: RE: [dvd-discuss] Re: _DVDCCA v. Bunner_ - free speech loses!
There appears to be a conflict between this ruling and the one in January from the U.S. Supreme Court regarding Mattlhew Poavlovich. Why the difference between the U.S. and CA courts, especially since the US Supremes' came first?