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Re: [dvd-discuss] FC: California Sup. Court will hear DVDCCA "trade secret" DeCSS case

At 12:08 PM 2/22/2002 -0500, Roy Murphy wrote:
>DeClan McCullagh reports on Politechbot.com that the Cal Supreme Court 
>will hear
>DVDCCA v. Bunner.  The only issue before them that I am aware of is the 
>motion to dismiss him as a co-defendant due to lack of jurisdiction.  The 
>of Appeals ruled there supporting the district court in denying the motion.
>  The latest material on the EFF is the DVDCCA reply brief to the Cal. SC on
>this issue.  If this is the issue under review, this is a good thing because
>California should have no jurisdiction over Pavlovich, a Texas resident, with
>no business contacts in Ca.


The Cal. Supremes now have granted review of, but have not heard arguments 
on, two completely separate aspects of the case.

A few months ago (?) they granted review after the Court of Appeal affirmed 
the trial court's denial of Matt's motion to quash service of process on 
him, for lack of personal jurisdiction grounds.

This week, they granted review of the Court of Appeal's reversal of the 
trial court's granting of a preliminary injunction against Bunner et 
al.  This was where the Court of Appeal said, in effect, that the First 
Amendment right to speak DeCSS trumps DVDCCA's rights under trade secret 
laws.  (Remember that the Calif. case always was a trade secrets case, 
never a DMCA case.)

So, arising from the same underlying lawsuit, the Cal. Supremes now have 
before them two separate petitions, almost completely unrelated.  The Court 
has no pre-set timetable, it is anyone's guess when they will hear argument 
on either, if they will hear argument on both together, etc.

James S. Tyre                               mailto:jstyre@jstyre.com
Law Offices of James S. Tyre          310-839-4114/310-839-4602(fax)
10736 Jefferson Blvd., #512               Culver City, CA 90230-4969
Co-founder, The Censorware Project             http://censorware.net