Coupons, Inc. v. Stottlemire

Filing 56

MOTION of the Electronic Frontier Foundation for Leave to Particiapate in Oral Argument filed by Electronic Frontier Foundation. Motion Hearing set for 4/22/2008 10:00 AM in Courtroom 2, 5th Floor, San Jose. (Attachments: #1 Proposed Order) (Lynch, Jennifer) (Filed on 3/25/2008) Text modified on 3/25/2008 conforming to posted document caption (bw, COURT STAFF).

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SAMUELSON LAW, TECHNOLOGY & PUBLIC POLICY CLINIC JASON M. SCHULTZ (SBN 212600) JENNIFER A. LYNCH (SBN 240701) DOMENIC IPPOLITO (Application for Student Practice Pending) HARI O'CONNELL (Application for Student Practice Pending) UC Berkeley Law School 389 Simon Hall Berkeley, CA 94720 Telephone: [phone] Facsimile: [phone] [e-mail] Attorneys for Amicus Curiae Electronic Frontier Foundation UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION COUPONS, INC., Plaintiff, v. JOHN STOTTLEMIRE and DOES 1-10, Defendants. Case No. 5:07-CV-03457 HRL NOTICE OF MOTION AND MOTION OF THE ELECTRONIC FRONTIER FOUNDATION FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT Date: Time: Place: Judge: April 22, 2008 10:00 A.M. Courtroom 2, 5th Floor Hon. Howard R. Lloyd

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Case No. 5:07-CV-03457 HRL

NOTICE OF MOTION AND MOTION OF THE ELECTRONIC FRONTIER FOUNDATION FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT

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TO PLAINTIFFS, DEFENDANTS AND THEIR COUNSEL OF RECORD: PLEASE TAKE NOTICE that on April 22, 2008, at 10:00 AM in Courtroom 2 of the United States District Court for the Northern District of California, 280 South 1st Street, San Jose, California, proposed Amicus Curiae Electronic Frontier Foundation ("EFF") will, and hereby does, move for leave to participate in oral argument in the above-captioned case in support of Defendant John Stottlemire's pending Motion to Dismiss. This Motion is based on this Notice of Motion. In light of the important legal issues regarding the proper application of the anticircumvention provisions, as defined by 17 U.S.C. § 1201, Plaintiff's novel theory of trespass to chattel and conversion, and Defendants' pro se status, EFF believes that oral argument from amicus curiae may be of assistance to the Court. For the reasons set forth above, EFF respectfully asks that this Court grant leave to EFF to participate as amicus curiae in oral argument, currently scheduled for 10 a.m. on April 22, 2008. DATED: March 25, 2008 By: /s/ Jennifer A. Lynch Jennifer A. Lynch Samuelson Law, Technology & Public Policy Clinic at U.C. Berkeley Law School Attorney for Amicus Curiae Electronic Frontier Foundation (Supervising Attorney)

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/s/ Domenic Ippolito DOMENIC IPPOLITO Intern, Samuelson Clinic (Application for Student Practice Pending)

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/s/ Hari O'Connell HARI O'CONNELL Intern, Samuelson Clinic (Application for Student Practice Pending) 2
Case No. 5:07-CV-03457 HRL

NOTICE OF MOTION AND MOTION OF THE ELECTRONIC FRONTIER FOUNDATION FOR LEAVE TO PARTICIPATE IN ORAL ARGUMENT