11 July 2001. Allonn Levy is lead defense attorney in the DVD CCA v. Bunner and 500 John Does case in California.
From: Allonn Levy <ael@hsapc.com>
Subject: DVD case heats up -- Appeals Court to Hold Public Hearing on Precedent
Setting Cyber-Jurisdiction Issues 7/12/01
Date: Wed, 11 Jul 2001 16:47:18 -0700
Time and location: July 12, 9:30 a.m. 6th Circuit Court of Appeals, San Jose, CA.
The Sixth Circuit has ordered oral arguments on the precedent-setting cyber-jurisdiction issues raised in the Petition for Writ of Mandate filed by Indiana Student and Eagle Scout Matt Pavlovich one of the 500 defendants in the California DVD case. Arguments will be held in the San Jose Courthouse; see:
http://appellatecases.courtinfo.ca.gov/search/dockets.cfm?dist=6&doc_id=22136&div=&case=H021961/
For directions see:
http://www.courtinfo.ca.gov/courts/courtsofappeal/6thDistrict/
For documents filed with the court see our site at:
http://www.legal.wao.com/jurisdiction.html
For the Electronic Frontier Foundation's press release, see:
http://www.eff.org/
On December 14, 2000, the California Supreme Court served on Counsel its order granting the Mr. Pavlovich's Petition of review. The High Court went on to issue an order transferring the case to the Court of Appeal with directions to vacate the Appellate Court's previous order denying Mandate and to issue a new order directing the Superior Court (in practice the respondent, DVD CCA) to show cause why the relief sought in the petition should not be granted. The Supreme Court issued its order unanimously, with all seven justices concurring.
Following the Supreme Court's order, The Appellate Court issued an Order to Show Cause why the relief we requested on behalf of Mr. Pavlovich should not be granted. In other words, the court has ordered DVD CCA to demonstrate good cause why Mr. Pavlovich's petition should not be granted and a writ should not issue. The Appellate Court, on its own motion, also issued an immediate stay of all proceedings in the lower court based on a finding of good cause. The stay may only be lifted through a subsequent order by the Appellate Court or a higher court.
DVD CCA has responded to Mr. Pavlovich's petition and we have in turn replied to DVD CCA's answer. Most of the pleadings are available at:
http://www.legal.wao.com/jurisdiction.html
Underlying Case:
The underlying case, headed by defendant Andrew Bunner continues to proceed through discovery. Mr. Bunner's deposition has been taken and un-sealed portions of the transcript will be made available soon. Numerous additional depositions are set, world-wide; Mr. Johansen's deposition has been set through the Norwegian Court. At plaintiff DVD CCA's request, all discovery has been stayed pending the outcome of Mr. Pavlovich s petition.
DVD CCA also conducted a jurisdictional deposition of a Scotland resident by the name of Derek Fawcus. Mr. Fawcus has also filed a motion to quash service of process, alleging that the California Court does not have jurisdiction over him. This action was also stayed at DVD CCA's request.
Resources:
http://www.cryptome.org
tends to get the most recent filings fairly quickly.
EFF Archive for DVD-CCA Cal. trade secret case:
http://www.eff.org/IP/Video/DVDCCA_case/
EFF's DVD Archive:
http://www.eff.org/pub/Intellectual_property/DVD/
[Cryptome Archive: http://cryptome.org/cryptout.htm#DVD-DeCSS ]