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+ | <wrap lo>**APPEALING PROSPECTS** The Ninth Circuit Court of Appeals in Pasadena, Calif.</ | ||
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//**After Losing Its Fair Use Defense, How Much Can Axanar Count on the ' | //**After Losing Its Fair Use Defense, How Much Can Axanar Count on the ' | ||
{{TOC}} | {{TOC}} | ||
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- | //**__ __**// <wrap lo>**By [[user> | ||
- | </ | ||
<wrap lo>See also: // | <wrap lo>See also: // | ||
- | Producer [[Alec Peters]] tried to put a hopeful spin on what had to be a crushing blow in a federal judge' | + | Producer [[Alec Peters]] tried to put a hopeful spin on what had to be a crushing blow in a federal judge' |
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- | {{page> | + | |
===== Peters' | ===== Peters' | ||
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> 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:// | > 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> | ||
===== The Real Record of the Ninth Circuit ===== | ===== The Real Record of the Ninth Circuit ===== | ||
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However, the "most liberal circuit" | However, the "most liberal circuit" | ||
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=== The Biggest Circuit === | === The Biggest Circuit === | ||
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Peters claimed: "Even if we were to lose at trial, an appeal would likely be very positive for us." | 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' | + | 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' |
- | While this is a higher reversal rate than most circuits, it still means there' | + | While this is a higher reversal rate than most circuits, it still means there' |
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+ | [{{ : | ||
===== Ranahan' | ===== Ranahan' | ||
- | Peters' | + | 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' | ==== Axanar' | ||
- | The two most relevant | + | In the three cases actually decided by the Ninth Circuit, Ranahan' |
- | In both cases Ranahan' | + | ---- |
+ | **Keywords** {{tag> |