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

[microlenz(at)earthlink.net]

NOw that's Funny, I'm from the midwest. I spent three years there 
and that's the impression I always got too. :-)

Date sent:      	Mon, 3 Dec 2001 18:46:59 -0500
To:             	dvd-discuss@eon.law.harvard.edu
From:           	"Arnold G. Reinhold" <reinhold@world.std.com>
Subject:        	Re: [dvd-discuss] Will there be an appeal?
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 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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