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Re: [dvd-discuss] DVD CCA case - Bunner appeal / Supreme Courttiming?
- To: dvd-discuss(at)eon.law.harvard.edu
- Subject: Re: [dvd-discuss] DVD CCA case - Bunner appeal / Supreme Courttiming?
- From: Wendy Seltzer <wendy(at)seltzer.com>
- Date: Sat, 14 Jun 2003 20:37:15 -0700
- In-reply-to: <20030606175648.C462@edinburgh.cisco.com>
- References: <20030606175648.C462@edinburgh.cisco.com>
- Reply-to: dvd-discuss(at)eon.law.harvard.edu
- Sender: owner-dvd-discuss(at)eon.law.harvard.edu
At 17:56 +0100 6/6/03, Derek Fawcus wrote:
>Just out of curiosity, what sort of timescale can be expected before
>we hear back from the CA Supreme Court on this appeal?
I think they give a decision within 90 days from the hearing (that
would mean end of August).
>Also, if the Supreme Court holds in Bunner's favour, does this make
>the whole case moot, and hence we can expect it to be dismissed in
>the lower court?
Options I can think of: The Court could uphold the appeals court
holding dismissing DVDCCA's claim on First Amendment grounds; it
could hold in Bunner's favor that the trial court used the wrong
First Amendment or trade secret analysis, but remand to the trial
court for a ruling under a corrected analysis; or it could do
something less favorable to Bunner. A few weeks before the hearing,
this Court dismissed Bunner's request to dismiss the case as moot on
the grounds that DeCSS was no longer secret, had it ever been.
Wendy Seltzer -- email@example.com || firstname.lastname@example.org
Staff Attorney, Electronic Frontier Foundation
Fellow, Berkman Center for Internet & Society at Harvard Law School