[Seth-Trips] Bunner decided

Seth David Schoen schoen at loyalty.org
Mon Aug 25 10:42:55 PDT 2003

Although the California Supreme Court reversed a lower court decision
in our favor, it avoided many possible bad outcomes, and remanded the
case to the California Court of Appeal for a review of the factual


The Court agrees that people have a first amendment right to publish
computer software.  But it assumes in its analysis that our client
somehow knew he was doing something wrong.  On that basis, it
concludes that restricting him from publishing would be

The Court admits that this assumption could be wrong, and asks the
Court of Appeal to consider whether the evidence actually supports it.
One justice believes the case is so factually weak that it could be
decided in our favor right now, without even sending it back to the
Court of Appeal.

Seth David Schoen <schoen at loyalty.org> | Very frankly, I am opposed to people
     http://www.loyalty.org/~schoen/   | being programmed by others.
     http://vitanuova.loyalty.org/     |     -- Fred Rogers (1928-2003),
                                       |        464 U.S. 417, 445 (1984)

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