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November 25, 2009: Summary Judgment Briefing Papers Complete

The briefing papers for the December 4, 2009 Summary Judgment hearing have all been filed.

Juries decide whether disputed facts are true. Summary Judgment is a procedure where the Court can rule on legal questions where all the facts are settled, and therefore the facts don't need to go to the jury. The Court looks at evidence and argument about whether there is a real dispute about the facts, so that it can first rule whether facts are undisputed, and if so, decide what they mean under the law.

There are two motions for Summary Judgment. In ours, we're requesting that the Court find Katzer liable for cybersquatting and copyright infringement, plus certain parts of the DMCA violation claim, and that the Court dismiss Katzer's counter-claim that our decoder definition files infringe his copyright on the QSI manuals.

Katzer in turn is asking the Court to throw out our copyright claim, and since there would then be no copyright infringement, the DMCA claim. He didn't ask for a ruling on cybersquatting or his copyright counter-claim.

Each side filed their motion at about the same time, then filed "oppositions" to the other's motions. Finally, after getting approval from the Court, each side filed a "Reply" on a few specific points. Each of these came with declarations and exhibits, all of which are linked below.

In addition to these, there were a lot of procedural filings that can be found on the complete docket page. These were needed because Katzer and QSI insisted that certain documents be sealed, and the parts of the arguments that refer to them be redacted from the public. This in turn required various motions to the Court to reqeust orders to seal documents, etc.

The next step is the hearing on December 4th. Before past hearings, the Court has provided a preliminary ruling and/or a list of questions the day before. If that happens again, we'll post it as soon as possible.

Jacobsen's Motion for Summary Judgment

• Associated documents:
  • Motion to seal documents and associated declaration
  • Jacobsen's declaration regarding copyright assignments and exhibits
  • Jacobsen's declaration in support and exhibits
  • Declaration of Jack Shall
  • Declaration of Robin Becker
  • Declaration of Victorial Hall and exhibits
• Katzer's Opposition to Jacobsen's Motion for Summary Judgment, and associated declarations by Matthew Katzer and Scott Jerger, with exhibits.
• Jacobsen's Reply to the Opposition to Jacobsen's Motion for Summary Judgment, and associated declarations by Bob Jacobsen, Victoria Hall and Howard Penny, with exhibits.

Katzer's Motion for Summary Judgment

• Associated documents:
  • Katzer's declaration and exhibits
• Jacobsen's Opposition to Katzer's Motion for Summary Judgment, and associated declarations by Bob Jacobsen, Victoria Hall and Howard Penny, with exhibits.
• Katzer's Reply to the Opposition to Katzer's Motion for Summary Judgment.
  • Jacobsen's Response to Objections in the Reply to Opposition.
    • Katzer's Memorandum in Opposition to Un-noticed Motion.

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