Re: [dvd-discuss] CA Supreme Court hears Pavlovich Jurisdiction Challenge in DVDCCA case

["James S. Tyre" <jstyre(at)jstyre.com>]

At 04:00 AM 9/7/2002 +0200, Tom wrote:


>One other argument that I think has not been properly addressed is that
>AFAIK, misappropriation of a trade secret requires that you came by
>your knowledge in some inappropriate way. Reverse engineering is
>perfectly legal. In fact, it's the old-fashioned approach to acquiring
>a trade secret.


Tom, that would not have been an appropriate argument here.  This was the 
hearing in the California Supreme Court on whether a California court can 
exercise personal jurisdiction over Matt based on the acts alleged in the 
Complaint.  It had nothing to do with the merits of the case, because the 
Court cannot reach the merits unless and until it determines that it does 
have personal jurisdiction over Matt.

But, recall that the California Court of Appeal (intermediate review court) 
determined in _Bunner_, the case in chief, that Bunner's First Amendment 
rights trump DVDCCA's trade secret rights.  The California Supreme Court 
also granted review on that one, and will hear it at some point (no date 
set yet, AFAIK).  That's when the parties will talk about the merits, 
including RE.

--------------------------------------------------------------------
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