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The article says this ruling came from US Court of Appeals for the Ninth Circuit. Can the case still be appealed, e.g. to the Supreme Court, or what? (I'm not a
by troymc 16y ago
The article says this ruling came from US Court of Appeals for the Ninth Circuit. Can the case still be appealed, e.g. to the Supreme Court, or what? (I'm not a lawyer.)
- tptacek 16y agoYes.
- btilly 16y agoIt was heard by a 3 judge panel. As I understand it the next step is an appeal to the full court, and then to the Supreme Court. I hope it gets appealed and this ruling is overturned.
- hga 16y agoAnd the 9th is notorious for being overturned. That said, if CamperBob at http://news.ycombinator.com/item?id=1680416 http://news.ycombinator.com/item?id=1680416 is correct in that "It involved a user who sold copies that were contractually supposed to be destroyed (or at least not reinstalled) after an upgrade" then the copies were never legit to begin with and the First-sale doctrine is not necessarily in jeopardy.
- irons 16y agoThe 9th is by far the largest circuit, so its rates of being successfully appealed and overturned are proportionately greater. Conventional wisdom says that the 9th gets overturned when its decisions skew too liberal. The Roberts court is far less likely to overturn a decision perceived as skewing "business-friendly". Nothing's more business-friendly than enforcing contracts, right? Personal responsibility and all that.