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osOpinion: I want my DVD, your honor

Jan 06, 2000, 07:40 (14 Talkback[s])
(Other stories by Dean Pannell)

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"It looks to me like you're trying to create a whole new class of action based on infringing a trade secret, but I don't see no limits to your secrets. I don't see any publication and I sure don't see any authority for granting some damned manufacturer's association this kind of power. The Constitution reserved that power to the Federal Government and they said `No, thank you'. To my knowledge, it has always been the responsibility of secret holders to protect their own secrets. The use of public enforcement power is typically reserved for the wrongful appropriation itself...."

"And that's another thing," his honor continues, "you name defendants in Australia, Denmark, France, Germany, England and all over. Now, would you kindly explain to me how some fella in Australia is supposed to come under California law?..."

""Like radio. That ol' boy in Australia doesn't connect to California and Californians don't dial into his site to view it. When an ISP connects to the Internet, they are using it as a broadcast medium. They don't give a damn about California law and California can't make them. That takes an international treaty, and that takes Federal Executive action with U.S. Senate ratification. I know they teach constitutional law at Harvard. You should know this stuff."

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