Kaltes
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join:2002-12-04
Los Angeles, CA
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Re: No, it *IS* over
said by TKJunkMail  : I'm sorry, but the SC said there will be a trial: The supreme court didn't say that, the NEWS ARTICLE did. Big difference.
It is POSSIBLE that there would be a trial, if the new legal rule creates NEW issues of fact that must be resolved, but as far as the news articles reveal thus far, there would be no need for a trial.
Trials only take place when material facts are disputed, there have been no factual disputes in this case, only legal disputes. Those legal disputes have now been resolved. |
TKJunkMail
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said by Kaltes : There will not be a trial. The dispute was a matter of LAW, and trials are for resolving FACTS. The facts are not disputed. The trial court will dispense with the case by issuing an order that the plaintiffs motion for summary judgment is GRANTED. the end. I'm sorry, but the SC said there will be a trial:
»money.cnn.com/2005/06/27/technol···ndex.htm
But Monday's ruling by the nation's highest court does not end the battle. The Supreme Court order sends the case back for trial to the same lower court that had originally ruled in favor of Grokster Ltd. and StreamCast Networks Inc., the file-sharing services named in the case. Hollywood now must prove in court that Grokster was founded with the purpose of enabling infringement, not just that that was just a byproduct. Hollywood may win, but it isn't a foregone conclusion.
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