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Re: [dvd-discuss] Re: The Grounds for Appeal

--- "Robert S. Thau" <rst@ai.mit.edu> wrote:

> If that's anywhere near the mark, then the key point that needs to be
> hammered home would be an alternative view of the facts --- perhaps
> beginning by pointing out that Johansen was trying not to pirate any
> videos, but simply to build a DVD player, and that testimony was not
> contradicted by anyone at trial...

I don't think the Court cares what Johansen's motivation was. They don't even
really care what Corley's motiviation was, but to the extent that they do, it's
a weak point in our case because he made some dumb comments in his article.
Those comments were noted by the 2nd Circuit and I really think taking the
argument in that direction is playing into the opposition's strength. One of
the reasons Kaplan denied the 1201(f) exception was because Corley even admits
he wasn't part of any attempt to build a DVD player.

I also think to whatever extent the case depended on that issue, it's over. The
Supreme Court would, in my estimation, never be interested in reviewing it for
that reason.

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