On the subject of the burden of proof, the appeals court agreed that the burden should have been placed on the nursing home, but that they met it with ample evidence.

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The projects are still "subject to litigation, tons of administrative appeals, delays, " says Kennedy.

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Following two appeals, communities secretary Eric Pickles backed the development, subject to agreement of developers' financial contributions.

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Unfortunately, that probably means his ruling will be overruled by the US Court of Appeals for the Ninth Circuit, which certainly does understand the DMCA and is likely to give the subject a more rigorous treatment.

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