Here's a real treat. Groklaw member dburns arranged for us to get the audio of the hearing before the Court of Appeal of the State of California, Sixth Appellate District Court in the case Jason O'Grady v. Apple (commonly known as Apple v. the Bloggers). The Order is here that resulted from this hearing.[UPDATE: Here it is as Ogg, as promised.] I'm sure you'll understand why the court ruled as it did, when you hear the arguments. It's also an opportunity to witness what appeals are like. And you'll see why lawyers always tell you that you can't predict the outcome by the questions the judges ask. Here the questions when the first lawyer is speaking might give you an idea that the court intended to rule for Apple. It didn't. Note for example that one judge asks in a tone of voice that might sound negative about whether a case called Mitchell (Mitchell v. Superior Court) applied. The lawyer says, "Absolutely," and there proceeds a discussion. You'll notice in the eventual ruling, the court cited that case. I think you'll see here also how hard it is to be a lawyer. He has to be ready to answer any question, so he has to prepare to cite cases and laws no matter what the court asks about. It's very nerve-wracking, because you get so little time to speak, you have to have it all inside your memory bank. Enjoy.
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