Yes, 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

Yes, 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.