28 August 1997
Source: Mail list cypherpunks@toad.com

Return-Path: <cypherpunks-errors@toad.com
Date: Thu, 28 Aug 1997 18:21:48 -0700
To: sadams@forbes.com, telstar@wired.com, plotnikoff@aol.com,
        Ewasserman@sjmercury.com, dang@cnet.com, steven@echo.net,
        abate@ccnet.com, wendyg@cix.compulink.co.uk, amy@netcom.com,
        courtm@cnet.com, alan.boyle@MSNBC.COM, declan@well.com,
        sep@cbsnews.com, kenc@cwi.emap.com, arb@well.com, exp@mk.ibek.com,
        bransten@interactive.wsj.com, TomBemis@pacbell.net,
        sam.perry@reuters.com, jimevans@aol.com, ljflynn@aol.com,
        wendyl@ljx.com, bernstein-announce@toad.com
From: Cindy Cohn <Cindy@mcglashan.com>
Subject: Stay issued; modified stay to follow

During a conference call with counsel today, Judge Patel issued a stay of
the injunctive relief issued in her Opinion of August 25, 1997, effective
until September 8. 

 On September 8 (or sooner if we get the papers to her) the Court she will
issue a formal Stay Pending Appeal which will stay the injunctive relief
issued in her Opinion of August 25, 1997, except that an injunction shall be
reinstated to prevent the prosecution of Professor Bernstein for the
"unlicensed export" of Snuffle 5.0 (which includes Snuffle and Unsnuffle)
and any later versions of that program which he has developed.

This eliminates, at least for the meantime, the injunctive relief granted to
Bernstein as to any other computer programs which he may have developed or
otherwise wished to publish.  It also eliminates the protections for persons
other than Professor Bernstein.

The government has said that it may still challenge this more limited stay
in the 9th Circuit.  Professor Bernstein may also seek relief from the stay
from the 9th Circuit.

Cindy A. Cohn                                                               
McGlashan & Sarrail, P. C.
177 Bovet Road, 6th Floor                                            
San Mateo, CA  94402
(415) 341-2585 (tel)
(415)341-1395 (fax)