Appeals Court Tells Universal Music: You Lost The Veoh Case, Get Over It
from the moving-on... dept
The Ninth Circuit appeals court has made it clear it has no interest in rehearing the case:
The panel has voted to deny Appellant's petition for rehearing. Judges Pregerson and Berzon have voted to deny the petition for rehearing en banc and Judge Fisher so recommends.Basically, not a single judge on the court thinks there's any issue here at all. Universal Music lost. It lost big. It lost clearly and with little question to whether or not it should have lost. Not a single judge on the court thought that it's even worth bothering exploring this issue again since the issues and the decision were so clear.
The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc.
Of course, given that Universal Music's lawyers seem to be running the show, I fully expect them to ask the Supreme Court to review the case as well (rack up those billing hours!). Chances are the Supreme Court will deny cert (what's the issue to review here?), but if they actually take the case, it could lead to a clear decision on how Universal Music's warped interpretation of the DMCA, that it requires filters, is obviously incorrect.