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Copyright trial outcome hinges on jury instructions | 166 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Authored by: jheisey on Monday, April 30 2012 @ 10:29 AM EDT

Whether the jury makes the correct decisions about copyright infringement will
be determined by the judge's jury instructions. The jury, not being legal
scholars, will need to be instructed on what is considered protected vs. not
protected elements, copyright of a collection vs. copyright of individual works,
and the concept of de minimis. If the instructions are inadequate or unclear to
the jury it is possible that Oracle could prevail and possibly have its new API
copyright infringement theory become law.

[ Reply to This | Parent | # ]

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