At a hearing on February 3, 2004, the Court denied defendant's motion for fees and costs under the California Anti-SLAPP statute. In reaching it's decision, the Court refused to consider any of the affidavits submitted in connection with the motion, even though the statute clearly requires a court to do so. Cyberlaw clinic students have filed an appeal, asking the Court of Appeal to rule that Ampex's original suit is a SLAPP and that defendant is entitled to fees and costs.