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Discussion Starter · #1 ·
It had been stayed earlier, pending a hearing Monday, June 3rd. The judge issued an order today reversing the magistrate order, though, deciding there didn't need to be a hearing.


The reasoning was that,

1. a party cannot be compelled to create new documents solely for discovery purposes

2. given the evidence then in hand, the Magistrate was wrong to issue an order requiring said document creation


The order's at
http://www.fenwick.com/About_Fenwick...al_5-30-02.pdf

as part of Fenwick & West's document archive at
http://www.fenwick.com/About_Fenwick....htm#Paramount


I still haven't found public copies of the various filings mademade over the past two weeks on this issue. I suspect there's several interesting nuggets in them -- hopefully either the EFF or F&W will post them soon or someone will send me to law school to learn how to get these myself...
 

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I'll need to read this a little more carefully but I'm not sure if I like this footnote I saw:

Quote:
This order does not affect the defendants' obligation to provide to plaintiffs customer-use information presently being collected from the approximately 10% of customers who are subscribers to MyReplayTv.com
Not as intrusive as the data collection order but it looks like those of us who use MyReplayTV are still going to be Big Brothered.
 

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Quote:
Originally posted by jtl
...or someone will send me to law school to learn how to get these myself...
Hey... pay for your own law school. ;)


Ah well... who needs law school anyway? You're doing pretty good as it is.


BTW what incriminating "spy info" would be available from MyReplayTv.com anyway?
 

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Nothing really incriminating with the MyReplayTV data as long as they keep it truly anonymous. Still annoys me though.


A question on the side though. I never have used the send show feature. What indication if any does MyReplayTV give that a show you have was sent to you?
 

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Discussion Starter · #5 ·
It doesn't have anything conclusive -- it doesn't get the category info, so diesn't know it's in the 'received' category. It doesn't get the IVS status flags, so can't tell that way.


It does know the headend and channel the show was recorded from, and they could make a reasonable guess that a show recorded from a different headend from all the others is probably a received show, but there's always the possibility you hopped on a plane that day...
 

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Discussion Starter · #6 ·
Oh! As someone kindly pointed out to me in mail last night -- F&W *has* posted their side of the filings, just not in the order I expected.


If you go to http://www.fenwick.com/About_Fenwick....htm#Paramount

and scroll down down down, the "Defendants' 5/24/02 Reply Papers in Support of Motion for Review" have some interesting things in them.


Like...the customer usage logging, which was turned off in May 2001 and wasn't supposed to have ever been on in the 4000, was after all, accidentally.
 
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