Re: [dvd-discuss] Blizzard v Bnetd

[microlenz(at)earthlink.net]

On 8 Dec 2002 at 18:30, Bryan Taylor wrote:

Date sent:      	Sun, 8 Dec 2002 18:30:26 -0800 (PST)
From:           	Bryan Taylor <bryan_w_taylor@yahoo.com>
Subject:        	Re: [dvd-discuss] Blizzard v Bnetd
To:             	dvd-discuss@eon.law.harvard.edu
Send reply to:  	dvd-discuss@eon.law.harvard.edu

> 
> --- microlenz@earthlink.net wrote:
> 
> > Check out the reply to the second complaint. I loved it- deny deny
> > deny...DMCA 
> > is UNCONSTITUTIONAL ...COUNTERCLAIM
> 
> Yeah, it was kind of nice -- but the real meat is yet to come.
> 
> > > 
> > > I'm wondering if there is any interest here in submitting an amicus brief.
> > > We did this once before on behalf of Openlaw in the DeCSS case.
> > 
> > Was that actually submitted? I don't think that it actually was even though
> > some of the arguments did find their way into the pleadings. 
> 
> Yes. The one you are refering to would have been our second submission. Our
> first went to the trial court. It's here:
> http://cyber.law.harvard.edu/openlaw/DVD/filings/NY/0530-openlaw-amicus.html

Guess I forgot that...well memory is the second or is it the third thing to go 
over time...

> 
> > WRT to an amicus brief, it should be restricted to "elucidating" the techical
> 
> > details so that the judge can understand them at best and at worst say "OK I
> > didn't know a bit from a byte but these people do and after reading their
> > explanations I know a lot more than that now"
> 
> Right. There are any number of amicus briefs representing technical interests
> that we can look at to model our tone and style. The one that we submitted above
> seemed to get the balance pretty good. In our case, I would think we would want
> to give the court an argument that impresses the consumer and open source
> community aspects of the case.
> 
> 

It may be even more critical in Blizzard. The Blizzard is likely to try a 
technical snowjob with the "H" word and "infringer" thrown around 
liberally.Expaining what's going on so that the Judge can see that the "H"word 
is being used  to manipulate should have some leverage. 

> 
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