Sometimes you take things to appeal in order to change the underlying law even though it wont necessarily change the outcome below. This is especially true in Motion to Dismiss situations because they invariably involve legal questions.

In this case, the lower court found that SNOW had no claim because under the facts he pled, the statute would not recognize any such claim for website hacking. This ruling would prevent SNOW from re-filing the complaint. Thus, we appealed. The 11th Circuit decided that there IS such a claim as long as you can plead and prove that your non-commercial website is not readily accessible to the public.

Snow will not have a problem doing so IMHO.
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Albert A. Zakarian, Esquire
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