Court of Appeals for the Ninth Circuit January 14, 2004, 00-56648, 00-56662 (Playboy Enterprises, Inc. v. Netscape Communications Corporation, Playboy Enterprises International, Inc. v. Excite, Inc.)

BERZON, Circuit Judge,

concurring.

I concur in Judge Nelson’s careful opinion in this case, as it is fully consistent with the applicable precedents. I write separately, however, to express concern that one of those precedents was wrongly decided and may one day, if not now, need to be reconsidered en banc.