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

["John Zulauf" <johnzu(at)ia.nsc.com>]

Jim,

pratical question.  Given the decision of the lower court, what is to
stop the RIAA et. al. from praticing "lawsuitus interuptus" where they
always pull out at the last minute and leave the defendendant with no
cause, but having missed their publication windows, and having incurred
substantial legal costs.

Can it be true that the deepest pocket can practice legal "assault, but
never battery" with impugnity?

Clearly Adobe has gotten away with this in Sklyarov -- wringing their
hands publically, but having no apparent liabilty for the imprisoning of
a foreign national.

Where are the checks and balances here?

.002

"James S. Tyre" wrote:
> 
> 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
> 
> --------------------------------------------------------------------
> James S. Tyre                               mailto:jstyre@jstyre.com
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