Re: [dvd-discuss] 2600's request for rehearing en banc denied

[Bryan Taylor <bryan_w_taylor(at)yahoo.com>]

I agree. Remember that the MPAA chose 2600. It would be much better to go to
the SC with a more sympathetic defendent and hopefully with the benefit of a
favorable decision in Eldred.

The 2600 case probably settled once and for all the issue of whether code is
speech. Now the game is about getting the Courts to spend less time thinking
about whether it's speech, but instead to have them focus on what it means for
it to be speech. Some of the 2nd Circuits analysis was laughably bad,
especially the part about the insignificance of the person who executes the
program because it's so little physical action to click a mouse. In another
circuit, with Code = Speech as a given, the debate will be begining not ending
with the mertis of such claims.

The Elmsoft case will present a much better forum for hitting the "powers of
Congress" issue. This will be an especially powerful argument if Eldred wins.

--- Ernest Miller <ernest.miller@aya.yale.edu> wrote:
> I am optimistic that Eldred will win, but it not clear to me how decisive or
> broad the win will be.  Considering how screwed up the 2600 case has become,
> I think it probably best to wait for another case or at least until Eldred
> has been decided.
> 
> If Eldred is decided as favorably as I hope (not expect) it will be, then
> the next DMCA case will give the defense a whole lot more ammo.
> 
> ----- Original Message -----
> From: "someone somewhere" <chaos755@hotmail.com>
> To: <dvd-discuss@eon.law.harvard.edu>
> Sent: Saturday, May 18, 2002 8:23 AM
> Subject: [dvd-discuss] 2600's request for rehearing en banc denied
> 
> 
> > Wired is reporting that 2600's request for rehearing en banc for the 2nd
> > circuit court of appeals is denied.
> >
> > http://www.wired.com/news/politics/0,1283,52609,00.html
> >
> >
> > Declan McCullagh seems to suggest that it might be better not to appeal to
> > the supreme court, my guess on this is that with scotus recently accepting
> > to hear eldred, they are willing to go against the ever increasing
> strenght
> > of copyright law.
> >
> > _________________________________________________________________
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> 


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