Re: [dvd-discuss] Will there be an appeal?

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

If Felten is appealed, it would be to the Third Circ., not the Second.  The 
case was dismissed by a federal court in New Jersey, the Third is NJ, PA, 
whatever the abbreviation for Delaware is.

In Felten, there is an automatic right to appeal, though we've made no 
decisions yet on what we will do.  In 2600, whether the next step would be 
to petition the 2nd to rehear the case en banc, or to take it to the 
Supreme Court on a writ of certiorari, review is entirely discretionary.

If we do appeal in Felten, and if we win, the case just goes back to the 
trial court.  The dismissal was for lack of subject matter jurisdiction, 
not a ruling on the merits of the DMCA/First Amend. claims.

At 11:55 PM 12/2/2001 -0500, Arnold G. Reinhold wrote:
>Yahoo/Reuters has a nice article on the First Amendment implications of 
>the 2nd Circuit's ruling in Universal v. Remerdez/Corley/2600 , 
>http://dailynews.yahoo.com/h/nm/20011202/tc/tech_dmca_dc_1.htm , but at 
>the end they quote Cindy Cohn of the EFF as saying 'there was a ``strong 
>possibility'' the Felten case would be appealed, but wasn't so sure about 
>the Corley case.'
>
>Is there really doubt about the possibility of an appeal from the 2nd 
>Circuit or did the reporter get it backwards, i.e. an appeal of the Felton 
>case is in doubt? The later might make sense since a Felton appeal would 
>presumably be heard in the pro-DMCA 2nd Circuit and the Corley case would 
>presumably get to the Supreme Court well before Felton ever would.
>
>Arnold Reinhold


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