Appeal
Brian Langford Buckley filed the defendant's appeal to the Ninth Circuit Court of Appeals on December 15, 2001. The appellant's opening brief was filed April 20, the appellee's brief was filed May 31, and the appellant's reply was filed June 25. On September 1, the Defendant's attorney was declared inactive by the State Bar of California due to noncompliance with Minimum Continuing Legal Education (MCLE) requirements. He was therefore declared not eligible to practice law. Buckley and Robinson later clashed publicly regarding related legal matters, and Buckley was banned from Free Republic. On October 5, the defendants notified the court of appeals of their substitution of counsel.
The parties then began negotiating a settlement. The parties ultimately agreed that in return for Defendants dropping their appeal and agreeing to both endorse the Stipulation for Entry of Amended Final Judgment containing the Permanent Injunction Order and link to it on the Free Republic homepage, the defendants would only be jointly and severally liable to the newspapers for $5,000 each, which was not described as damages or legal fees, and the Court found that plaintiffs had "no 'adequate legal remedy' other than a permanent injunction to protect them against further acts of copyright infringements by the three named defendants."
Robinson announced the decision to drop the appeal and begin excerpting and linking articles on June 19, 2002, saying "Well, my fingers are not cold and dead and my keyboard has not been ripped away." Thousands of threads were subsequently deleted from the archives as Times and Post articles were purged. Free Republic has complied with other post-litigation requests from other copyright owners such as USA Today to excerpt and link.
Read more about this topic: L.A. Times V. Free Republic
Famous quotes containing the word appeal:
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