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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.
Arnold
>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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