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It will be interesting to see if, or how, this ruling affects similar cases tried in other circuit courts, since as the author points out this ruling is in cont
by ldayley 15y ago
It will be interesting to see if, or how, this ruling affects similar cases tried in other circuit courts, since as the author points out this ruling is in contrast to the precedent set in cases ruled on by other circuits. I wonder if we'll see this one on the docket of the Supreme Court of the US in the coming years, due to the disagreement between circuits, especially since prosecutors also cite this law in criminal cases regarding Terms of Service violations.
I applaud Judge Kozinski's opinion.
- goodcanadian 15y agoA minor bit of pedantry, but cases ruled in one circuit do not set precedent for cases ruled in another circuit. They only set precedent within their own circuit. Because different precedents have now been set in different circuits, it is possible that a case may go to the supreme court (which would then set precedent for all of the courts in the land).