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I wonder if this will go to the Supreme Court? Given that different appeals courts disagree on the issue, it seems likely to me.
by w-j-w 6y ago
I wonder if this will go to the Supreme Court? Given that different appeals courts disagree on the issue, it seems likely to me.
- tareqak 6y agoFrom the last paragraph of the article > The Supreme Court reviews only a fraction of the rulings made by lower courts. However, the high court uses circuit splits as an important signal of which cases are worth taking. So the fact that the Ninth and Eleventh Circuit disagree makes it somewhat more likely that the high court will intervene.
- ghaff 6y agoAnd there have been some other cases too in addition to the circuit conflict. For example, the DOJ told Berkeley it couldn't have videos online that weren't closed captioned. https://www.adatitleiii.com/2017/03/uc-berkley-to-remove-more-than-20000-online-videos-from-public-access-in-response-to-doj-captioning-demand/ https://www.adatitleiii.com/2017/03/uc-berkley-to-remove-mor...
- racingmars 6y agoWe may eventually get there, but I think the article presenting this ruling as furthering a split-circuit situation is overplaying it. The ruling itself specifically addresses the 9th Circuit Dominoes ruling, and how the facts of the case are different. They don't see it as being in conflict, and they didn't say that they wouldn't have ruled the same was as the 9th Circuit if the facts were more similiar -- that is, if the web site functionality in question was much more critical to the core business (e.g. the way the vast majority of people order pizza from Dominoes).