Stanford Law School - Robert Crown Law Library

Filed 10/15/03

IN THE SUPREME COURT OF CALIFORNIA

DVD COPY CONTROL
ASSOCATION, INC.
Plaintiff and Respondent,
S102588
v.
) Ct.App.
6
H021153
ANDREW BUNNER,
Santa Clara County
Defendant and Appellant.
) Super. Ct. No. CV786804
___________________________________ ) MODIFICATION OF OPINION

BY THE COURT:
The opinion herein, filed August 25, 2003, appearing at 31 Cal.4th 864, is
modified as follows:

On page 872, the third sentence of the second full paragraph on that page is
deleted and in its place is inserted the following sentence: “Despite receiving these
notices, many of these Web sites refused to remove the information.”

This modification does not affect the judgment.

---

Opinion Information

Date:	Docket Number:
Wed, 10/15/2003	S102588M

Disposition
Aug 25 2003	Opinion: Reversed

Dockets
Dec 4 2001	Petition for review filed   Respondent DVD Copy Control Association
Dec 4 2001	Record requested
Dec 5 2001	Received Court of Appeal record   2-file jackets, briefs and 2-accordion folders
Dec 24 2001	Answer to petition for review filed   by counsel for RPI
Jan 25 2002	Time extended to grant or deny review   to and including March 4, 2002.
Feb 20 2002	Petition for Review Granted (civil case)   Votes: George, CJ., Baxter, Chin, Brown, and Moreno, JJ. Kennard, J., was recused and did not participate.
Mar 25 2002	Opening brief on the merits filed   by counsel for resp DVD (timely per Rule 40k)
Apr 3 2002	Request for extension of time filed   for aplt to file the answer brief on the merits, to 5-22.
Apr 10 2002	Extension of time granted   to 5-22-02 for aplt Bunner to file the answer brief on the merits. No further extensions will be granted.
May 22 2002	Answer brief on the merits filed   Appellant [ Bunner ]
Jun 12 2002	Reply brief filed (case fully briefed)   by resp. (timely per Rule 40k)
Jul 3 2002	Request for extension of time filed   by Attorney General to August 2, 2002 to file amicus curiae brief.
Jul 8 2002	Extension of time granted   to 8-2-02 for the A.G. to file the amicus curiae brief. Any answers to the A/C brief maybe filed by 8/22/02.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by Intellectual Property Law Professors, Computer & Communications Industry Assn., and the U.S Public Policy Committee of the Assn. for Computing Machinery.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by the Intellectual Property Owners Assn. in support of resp.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by Computer Professionals for Social Responsibility.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by ACLU and Silha Center for Study of Media Ethics in support of aplt.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by Microsoft Corp., Ford Motor Co., Boeing Co., AOL Time Warner Inc., BellSouth Corp., Sears Roebuck Co., Proctor& Gamble Co., Coca-Cola Co., and the Nat. Assn. of Manufacturers in support of resp.
Jul 11 2002	Received application to file amicus curiae brief; with brief   by Motion Picture Assn. of America, American Federation of Musicians, et al, in support of resp. with Notice of Lodging Non-Calif. Authorities in support of A/C brief.
Jul 19 2002	Permission to file amicus curiae brief granted   by Intellectual Property Law Professors et al. Any answers may be filed w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   Intellectual Property Law Prof. et al.
Jul 19 2002	Permission to file amicus curiae brief granted   by Intellectual Property Owners Assn. in support of resp. Answers w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   Intellectual Prop. Owners Assn. in suppt of resp
Jul 19 2002	Permission to file amicus curiae brief granted   by Computer Professionals For Social Responsibility. Answers w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   Computer Prof. for Social Responsibility
Jul 19 2002	Permission to file amicus curiae brief granted   by American Civil Liberties Union et al in support of aplt. Answers w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   A.C.L.U. et al in suppt of aplt.
Jul 19 2002	Permission to file amicus curiae brief granted   by Microsoft Corp et al in support of resp. Answers w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   Microsoft Corp. et al in suppt of resp.
Jul 19 2002	Permission to file amicus curiae brief granted   by Motion Picture Association of America et al in support of resp. Answers w/in 20 days.
Jul 19 2002	Amicus Curiae Brief filed by:   Motion Picture Assn. of America et al in suppt of resp. One vol. of non-Calif. authorities lodged herewith.
Jul 31 2002	Application to appear as counsel pro hac vice (granted case)   by David E. Kendall (for A/C Motion Picture Assn. of America et al)
Jul 31 2002	Application to appear as counsel pro hac vice (granted case)   by Roger Milgrim for amicus curiae Motion Picture Association of America et al.
Aug 2 2002	Amicus Curiae Brief filed by:   Attorney General Lockyer in support of respondent
Aug 5 2002	Received letter from:   Hitachi Data Systems (non-party)
Aug 5 2002	Received letter from:   AOL Time Warner (non-party)
Aug 7 2002	Application to appear as counsel pro hac vice granted   by Roger M. Milgrim for amicus curiae
Aug 7 2002	Application to appear as counsel pro hac vice granted   David E. Kendall for amicus curiae
Aug 8 2002	Response to amicus curiae brief filed   counsel for respondent (DVD Copy Control) to amicus curiae briefs in support of appellant (A. Bunner).
Aug 9 2002	Response to amicus curiae brief filed   by counsel for appellant (A. Bunner) to amicus briefs in support of respondent. (40k)
Aug 22 2002	Response to amicus curiae brief filed   by aplt to amicus brief of A.G.
Feb 7 2003	Motion to Dismiss filed   (for mootness) by aplt
Feb 11 2003	Request for extension of time filed   By counsel for Respondent {DVD Copy Control Asson. INC.,} asking until February 25, 2003 to file Respondent's Response to Appellant's Motion to Dismiss for Mootness.
Feb 14 2003	Extension of time granted   To February 25, 2003 to file Respondent's Answer to Appellant's Motion to Dismiss for mootness.
Feb 25 2003	Filed:   Resp DVD's opposition to motion to dismiss.
Mar 5 2003	Received document entitled:   Deft. Bunner's reply in support of his motion to dismiss for mootness.
Apr 30 2003	Case ordered on calendar   5-29-03, 9am, S.F.
May 14 2003	Motion to dismiss denied   Defendant Andrew Bunner's Motion to Dismiss for Mootness is denied. Kennard, J., and Chin, J., were recused and did not participate. Moreno, J., is of the opinion the motion should be granted.
May 23 2003	Filed letter from:   Robert Sugarman, counsel for resp, notifying court that he wishes to allocate 10 min. of oral argument to A.G. Bill Lockyer. (faxed)
May 23 2003	Order filed   The letter filed by counsel for respondent DVD Copy Control Assn. on May 23, 2003, is treated as a request to divide oral argument time under Calif. Rules of Court, rule 29.2(f)(2). The request to allocate 10 minutes of its oral argument time to amicus curiae Attorney General of California is granted.
May 23 2003	Application to appear as counsel pro hac vice (granted case)   by Robert G. Sugarman for respondent
May 23 2003	Application to appear as counsel pro hac vice granted   The application of Robert. G Sugarman to appear as pro hac vice for resp at oral argument is granted.
May 29 2003	Cause argued and submitted
May 29 2003	Filed:   by counsel for petitioner (Bunner) Substitution of Attorney. former legal rep. HS Law Group new legal rep. Allonn E. Levy, Esq.
Aug 25 2003	Opinion filed: Judgment reversed   and remanded for further proceedings consistent with the opinion. Majority Opinion by Brown, J. --------joined by George, C.J., Baxter, Rivera*, Robie*, JJ. (*assigned justices) Concurring opinion by Werdegar, J. Concurring opinion by Moreno, J.
Sep 8 2003	Rehearing petition filed   by aplt
Sep 15 2003	Time extended to consider modification or rehearing   to and including November 21, 2003, or the date upon which rehearing is either granted or denied, whichever occurs first.
Sep 16 2003	Answer to rehearing petition filed   by counsel for respondent (DVD Copy Control Assoc., Inc.)
Oct 15 2003	Rehearing denied   Kennard, J., was recused and did not participate. Baxter, J., was absent and did not participate. Chin, J., was recused and did not participate.
Oct 15 2003	Opinion modified - no change in judgment
Oct 15 2003	Remittitur issued (civil case)
Oct 24 2003	Note:   records returned to CA 6

Briefs
Mar 25 2002	Opening brief on the merits filed
May 22 2002	Answer brief on the merits filed
Jun 12 2002	Reply brief filed (case fully briefed)
Jul 19 2002	Amicus Curiae Brief filed by:
Jul 19 2002	Amicus Curiae Brief filed by:
Jul 19 2002	Amicus Curiae Brief filed by:
Jul 19 2002	Amicus Curiae Brief filed by:
Jul 19 2002	Amicus Curiae Brief filed by:
Jul 19 2002	Amicus Curiae Brief filed by:
Aug 2 2002	Amicus Curiae Brief filed by:
Aug 8 2002	Response to amicus curiae brief filed
Aug 9 2002	Response to amicus curiae brief filed
Aug 22 2002	Response to amicus curiae brief filed

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