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Judge Alsup seems to be hunting for Surveyors' Benchmarks. | 270 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Judge Alsup seems to be hunting for Surveyors' Benchmarks.
Authored by: Anonymous on Friday, April 20 2012 @ 04:23 AM EDT
Judge Alsup ruled on Oracle's motion to deem certain issues
as undisputed.:

...

1) “The Java APIs as a whole meet the low threshold for
originality required by the Constitution.” This instruction
reflects Google’s admission in its March 23 brief (Dkt. No.
823 at 9) and April 13 brief (Dkt. No. 914).

...

So without clear Surveyors' Benchmarks how do you
fence/enclosure that in as a private rather than common
property ??
And measuring fair rights of way, willful tresspass,
compensation for square yards trampled ??

[ Reply to This | Parent | # ]

API not a concrete thing, it doesn't have a level
Authored by: calris74 on Friday, April 20 2012 @ 07:08 AM EDT
Where the judge asks if the API is at class level or the package level he is making an ontological mistake. He is addressing it as if it is a concrete and distinct thing (like a chair) when it is a metaphysical thing (like "the proper use of a chair").

Compare an API to a 'Story' - What is the 'Story'? Is it:
  • A combination of plot elements
  • A collection of artfully arranged words
  • A bound volume of paper with ink impressed upon each page
Only one of these is covered by Copyright

Oracle thinks that two of them are

[ Reply to This | Parent | # ]

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