Now is the season of our duck and weave
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As I've been saying for years, this SCOTUS does not like intellectual property cases. The Cartel are desperate to have Betamax overturned and
the freedom-loving forces of IPania (OK, I made that up but it sounds good, doesn't it?) are desperate to get some judicial brakes applied to the full-court press against the public domain. Neither side is going to get much joy this court season either.

First up, cert has already been denied for _RIAA v. Verizon_. See ya! Denial at
http://supct.law.cornell.edu/supct/html/101204.ZOR.html

Denial is without comment, and you can get basic factual commentary from the AP

Really not much to say. Denial of cert is not precedent, but one can read into the tea leaves the likely opinion of the Supremes that Verizon et al are correct in their interpretation of the DMCA provisions. The Cartel will need to continue using John Doe warrants until it can show cause to get subscribers' information.

The Cartel is also trying to get cert for its appael against the loss to Grokster/Streamcast. This is the 9th Circuit case that was decided in August. As noted elsewhere, the reasoning in the 9th and 7th Circuit decisions differs slightly. However, it's not clear that the difference would be enough for SCOTUS to grant cert. As the NYTimes piece points out, even the 7th's injunction against Aimster upheld the basic principles of Betamax.

Posted by dr. wex at October 13, 2004 10:32 AM