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Finder of law vs finder of fact - it could be an hybrid | 503 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Finder of law vs finder of fact
Authored by: Khym Chanur on Sunday, April 22 2012 @ 03:13 AM EDT

Ruling as a matter of law, either way ... carries a higher risk of being disagreed with by the appeals court than saying "It depends."

But wouldn't the judge have to give the jury a set of rules to determine whether or not a particular API is copyrightable, in which case that set of rules could be appealed? Otherwise s/he would just have to let the jury make all their own decisions about copyright statutory law and case law.

---
Give a man a match, and he'll be warm for a minute, but set him on fire, and he'll be warm for the rest of his life. (Paraphrased from Terry Pratchett)

[ Reply to This | Parent | # ]

Finder of law vs finder of fact - it could be an hybrid
Authored by: PolR on Sunday, April 22 2012 @ 03:22 AM EDT
The judge may put in the instructions to the jury some questions of facts to be
decided, and then determine the copyritability of the APIs on the basis of the
answers provided by the jury.

For example the judge may ask the jury to determine whether there is any
creative content in the SSO of APIs and use this answer in determining the
copyrightability of the APIs.

IANAL, and i am not saying the judge is actually doing this. I am just stating
what I think may be a possibility. We will know for sure when we see the jury
instructions.

[ Reply to This | Parent | # ]

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