Hugh D. Hyatt writes: "Paraphrasing BNA Internet Law News: The appeal by several people posting mirrored versions of the Cyberpatrol hack has been rejected due to a lack of standing. The case had the potential to provide insight into free speech and copyright issues on the Internet with several high profile briefs filed as part of the case. So far there's been no media coverage but the case itself can be found here". Keep in mind that this appeal was filed by people not involved in the original case against Skala and Jansson, and this is a technicality judgment rather than an examination of the merits of the case. The court makes clear that the appellants were NOT affected by the original judgment and hence cannot be considered to be bound by it (or appeal it) - similar reasoning would also be applied in other cases such as the DeCSS suits, so this is a good look at what standing those mass-mailings of MPAA threat letters really have in law.
My Latin is a little rusty, but "pro tanto brutum fulmen" seems to mean something like "the court's heavy thunderbolt only reaches to a limited extent"."The coin, however, has a flip side. A nonparty who has acted independently of the enjoined defendant will not be bound by the injunction, and, if she has had no opportunity to contest its validity, cannot be found in contempt without a separate adjudication. See id.; see also Alemite, 42 F.2d at 832 (declaring that a decree which purports to enjoin nonparties who are neither abettors nor legally identified with the defendant "is pro tanto brutum fulmen," and may safely be ignored). This tried and true dichotomy safeguards the rights of those who truly are strangers to an injunctive decree. It does not offend due process."