Right, it isn't considered "law" outside the 9th. Hence, not binding. SCotUS will probably have to soon hear this as an East Coast company is selling "used" MP3s since prior statute allows it...
So? That doesn't negate the fact that the 9th's ruling isn't the law of the land outside it's jurisdiction. You do understand the legal significance with SCotUS not taking up the 9th's and the way it was not taken up vis-a-vis the law covering the whole US?