Re: [dvd-discuss] DVD CCA case - Bunner appeal / Supreme Courttiming?

[Wendy Seltzer <wendy(at)seltzer.com>]

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
-- 
--
Wendy Seltzer -- wendy@seltzer.com || wendy@eff.org
Staff Attorney, Electronic Frontier Foundation
Fellow, Berkman Center for Internet & Society at Harvard Law School
http://cyber.law.harvard.edu/seltzer.html