MDY INDUSTRIES, LLC, Plaintiff-counter-defendant-Appellant,
v.
BLIZZARD ENTERTAINMENT, INC. and VIVENDI GAMES, INC., Defendants-third-party-plaintiffs-Appellees,
v.
MICHAEL DONNELLY, Third-party-defendant-Appellant.
MDY INDUSTRIES, LLC, Plaintiff-counter-defendant-Appellee,
v.
BLIZZARD ENTERTAINMENT, INC. and VIVENDI GAMES, INC., Defendants-third-party-plaintiffs-Appellants,
v.
MICHAEL DONNELLY, Third-party-defendant-Appellee.
United States Court of Appeals, Ninth Circuit. https://leagle.com/images/logo.png
Argued and Submitted June 7, 2010—Seattle, Washington.
Filed December 14, 2010.
Amended February 17, 2011.
Attorney(s) appearing for the Case
Lance C. Venable (argued) and Joseph R. Meaney of Venable, Campillo, Logan & Meaney, P.C., for plaintiff-appellant/cross-appellee MDY Industries LLC and plaintiff-appellant/third-party-defendant-appellee Michael Donnelly.
Brian W. Carver of the University of California, Berkeley, School of Information, and Sherwin Siy and Jef Pearlman, for amicus curiae Public Knowledge.
Our opinion filed on December 14, 2010, is amended to include the following footnote at the end of Section V(E)(2):
For the first time in its petition for rehearing, MDY raises the applicability of Section 1201(f) and the question whether Glider is an "independently created computer program" under that subsection and thus exempt from the coverage of Section 1201(a). Because this argument was not raised to the district...
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