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— | appeal_fact_check [2017/01/06 13:57] – updates w/details on all five cases Carlos Pedraza | ||
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+ | <wrap lo> | ||
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+ | ====== Axanar' | ||
+ | |||
+ | //**After Losing Its Fair Use Defense, How Much Can Axanar Count on the ' | ||
+ | {{TOC}} | ||
+ | |||
+ | <wrap lo>See also: // | ||
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+ | Producer [[Alec Peters]] tried to put a hopeful spin on what had to be a crushing blow in a federal judge' | ||
+ | |||
+ | ===== Peters' | ||
+ | |||
+ | Peters' | ||
+ | |||
+ | > Depending on the outcome of the trial, Axanar may choose to appeal the verdict to the Ninth Circuit, where [Axanar attorney] [[Erin Ranahan]] is 5-0. The Ninth Circuit Court of Appeals is also known to favor artist rights. So the story of Axanar continues …(([[http:// | ||
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+ | {{page> | ||
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+ | ===== The Real Record of the Ninth Circuit ===== | ||
+ | |||
+ | The Ninth Circuit is famously known as the most liberal circuit in the United States, with most of its judges appointed by Democratic presidents. | ||
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+ | Back in September 2016, Peters had already begun to [[peters_second_life|assess Axanar' | ||
+ | |||
+ | > This case is being held in Southern California, and if it gets appealed it’ll get appealed to the Ninth Circuit – one of the most liberal circuits in the country, and pro-artists’ rights. Even if we were to lose at trial, an appeal would likely be very positive for us. | ||
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+ | ==== Most Liberal? ==== | ||
+ | |||
+ | However, the "most liberal circuit" | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | === The Biggest Circuit === | ||
+ | |||
+ | One consequence of the Ninth Circuit' | ||
+ | |||
+ | === How the Court Hears Appeals === | ||
+ | |||
+ | Appeals are usually heard by randomly selected three-judge panels. So there' | ||
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+ | ===== Pro-Artist or Anti-Corporate? | ||
+ | |||
+ | Peters' | ||
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+ | ===== The Data on Appeals ===== | ||
+ | |||
+ | Peters claimed: "Even if we were to lose at trial, an appeal would likely be very positive for us." | ||
+ | |||
+ | But the truth is that appeals generally don't favor the party appealing. The Administrative Office of the U.S. Courts tracks this data, and according to the most recent figures appeals decided between July 1, 2015, and June 30, 2016, the Ninth Circuit its reversed its trial courts' | ||
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+ | While this is a higher reversal rate than most circuits, it still means there' | ||
+ | |||
+ | [{{ : | ||
+ | |||
+ | ===== Ranahan' | ||
+ | |||
+ | Peters' | ||
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+ | ==== Appellate Cases ==== | ||
+ | |||
+ | Ranahan' | ||
+ | |||
+ | * **Graham-Sult v. Clainos** \\ <wrap indent> | ||
+ | * **UMG Recordings v. Shelter Capital Partners** \\ <wrap indent> | ||
+ | * **American Bullion, Inc. v. Regal Assets, LLC** \\ <wrap indent> | ||
+ | * **Henderson v. The J.M. Smucker Company** \\ <wrap indent> | ||
+ | * **Nafal v. Carter** \\ <wrap indent> | ||
+ | |||
+ | ==== Axanar' | ||
+ | |||
+ | In the three cases actually decided by the Ninth Circuit, Ranahan' | ||
+ | |||
+ | ---- | ||
+ | **Keywords** {{tag> |