To answer some questions: An appeal is permissable, and I expect one soon. They could even ask for a rehearing en banc, but I doubt that would be fruitful for them. This case was decided on a doctrine that had been considered dead until a few years ago, non-delegation. This same court had a similar analysis a few years in a case involving environmental regulations that the EPA promulgated (it is actually pretty funny when you think about it that most of the same constituencies that abhored that decision, will likely applaud this one). The Supreme Court reversed the DC Circuit on that, holding that the EPA had acted properly within their authority. But I suspect that with the language of the Eldred decision, and potentially what happens with the Grokster case that the Supreme Court may decide that IP law is best left up to Congress and not agency rulemaking. It will be real interesting if the Supreme Court upholds a non-delegation decision, and would, I believe, be the first time they did so since the Lochner era cases (1920s).
More to the point, the interests that want this will definitly push hard through Congress. I personally doubt they can get the legislation pushed before June, but who knows. They are probably kicking themselves that they did not try to attach this to the copyright bill that just passed and was signed into law a few weeks ago. Nevertheless, I would not be suprised if it gets attached to an appropriation bill. Significant legislation gets put in those, and it could be part of the FCC approps bill, and done in conference where no one will get a chance to even know about it. But the good news is there is a reprive, albeit, potentially temporary. Bravo to ALA, PK, and EFF! I will now pore over this decision. _______________________________________________ mythtv-users mailing list [email protected] http://mythtv.org/cgi-bin/mailman/listinfo/mythtv-users
