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Posted by PTravel on 11/02/06 20:48
"Just a Friend" <just_a_friend@hotmail.com> wrote in message
news:CQr2h.1929$fV1.535@news.cpqcorp.net...
> "Citizen Bob" <spam@uce.gov> wrote in message
> news:4549fc10.73269625@news-server.houston.rr.com...
> | Copyright 2006 CNET Networks, Inc.
> |
> | http://news.com.com/2100-1027_3-998363.html
> |
> | Judge: File-swapping tools are legal
> | By John Borland
> | Staff Writer, CNET News.com
> | Published: April 25, 2003, 12:46 PM PDT
>
> ^^^^
>
> This judgment has been overruled by so many other court cases, the list is
> way too long...
>
> JaF
This judgment has not been overruled. As far as I know, there are no 9th
Circuit appellate opinions addressing this (though I may be wrong). Circuit
Courts of Appeal opinions are controlling in their own circuits. This is a
district court opinion, so it is not controlling anywhere, but would be
considered extremely persuasive, particularly since it originates from the
Central District, which, along with the Northen District of California, are
considered "leading" districts for intellectual property law. I haven't
read the opinion, but I'm very familiar with Judge Wilson, and have
litigated before him previously. He's not sloppy and he's very smart. This
is a significant holding and, contrary to your contention, is valid law.
>
>
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