3 ms·
We have to see what grounds they appeal the case on but unless there is a significant Constitutional question in play SCOTUS rarely grants cert.
by Locke1689 16y ago
We have to see what grounds they appeal the case on but unless there is a significant Constitutional question in play SCOTUS rarely grants cert.
- Natsu 16y agoThis doesn't get appealed to the Supreme Court (yet). This would next go to the District Court of Appeals for that circuit (and would later get appealed en banc) unless there's some point of law I don't know about that's special to this case. Which is possible, given that IANAL, but I think this is a pretty straightforward copyright case, so I'm not sure where else they could go without coming up with some new claims. You don't get to appeal to the Supreme Court until you've exhausted all your other appeals. And there aren't many instances where SCOTUS has original jurisdiction (those are very rare, and in that case you go straight to the Supremes rather than dealing with lower courts). But, no, I don't think they'll grant cert (though you never know). Viacom flamed out on summary judgment. IMHO, this is more like SCO where you have an angry litigant who will exhaust all appeals rather than admit defeat, which is why I feel that appeal is inevitable. Also, they'll be lobbying lawmakers to change the law. You can bank on that. They're already working on the Obama administration from what I can see, given that piracy crackdown they promised.
- Locke1689 16y agoYes, I was simply stating that the grounds for appeal are usually similar, if not identical, to the grounds for further appeals. Given that, even if Viacom were to fight this up the chain, it is unlikely that they'll grant cert if there isn't a Constitutional debate or conflicting precedent. In this case, since it was SDNY, the case appeals to 2d Cir.