> >Although Kelley v. Arriba is a frequently cited case, we need to keep in
>>mind it was only a 9th Circuit decision, it is not to my knowledge settled
>>law outside the 9th.
>
>Perfect 10 v. Google is in the Central District of California, where
>9th Circuit decisions are most definitely settled law.
>
Which recalls the Rule 11 discussion. We'll have settled law when we're done settling the internet, and the Ninth Circuit is a particularly frenetic microcosm of the bigger picture run by the Supreme Court. Its jurisdiction covers a hotbed of technology that changes the facts, a hotbed of content that fuels the engine, a hotbed of commerce that governs the equities; and the Ninth Circuit is particularly prone to overreaching rationalizations of the right answer in the particular circumstances. If you can't distinguish your case, your client can change it.
John Noble Received on Tue Feb 28 2006 - 04:30:30 GMT
This archive was generated by hypermail 2.2.0 : Mon Mar 26 2007 - 00:35:56 GMT