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

Thanks for the update. As an ex-New Yorker, I always assume New 
Jersey is just a suburb of NY.

Needless to say, if I can be of any help, let me know.


>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 
>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. 
>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
>Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
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