MDY Industries, LLC v. Blizzard Entertainment, Inc., et al
Filed order and amended opinion (WILLIAM C. CANBY, CONSUELO M. CALLAHAN and SANDRA S. IKUTA). Amending Disposition Opinion REMANDED; VACATED; 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
court or presented in the parties’ briefs on appeal, we
decline to reach it.
With this amendment, the plaintiffs-appellants’ petition for
panel rehearing is DENIED. No further petition for rehearing
will be entertained.  [09-15932, 09-16044] (RP)
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