Comment by Eric Chan, posted January 23, 2007 - 7:23pm
It was clear at the oral argument that the 9th Circuit panel judges had already made up their mind. They simply weren't interested, after displaying considerable interest in hearing several criminal cases before it! I know judges are smart people, but I got the feeling that the case boiled down for them to two points: "Professor Lessig is trying to re-argue Eldred" and "copyright and First Amendment are fundamentally different."
Any chance this is something that could go up on cert? (I'm guessing not)
It was clear at the oral argument that the 9th Circuit panel judges had already made up their mind. They simply weren't interested, after displaying considerable interest in hearing several criminal cases before it! I know judges are smart people, but I got the feeling that the case boiled down for them to two points: "Professor Lessig is trying to re-argue Eldred" and "copyright and First Amendment are fundamentally different."
Any chance this is something that could go up on cert? (I'm guessing not)