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| Authored by: Anonymous on Tuesday, May 01 2012 @ 02:34 PM EDT |
I was thinking about this too. I think he is hoping the jury
will make the same decision as him thereby avoiding the
possibility of being reversed and needing another trial, a la
SCO. But if they don't he reserves the right to make the right
decision.[ Reply to This | Parent | # ]
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| Authored by: attila_the_pun on Tuesday, May 01 2012 @ 02:36 PM EDT |
Yes, it's confusing, but any part of the jury's decision based on the assumption
that SSO is copyrightable may be overturned by the judge if he decides that the
law says otherwise.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Tuesday, May 01 2012 @ 02:36 PM EDT |
The judge will still decide - if necessary.
He is letting the jury decide infringement as if SSO etc were
copyrightable so that any successful appeal against his
decision (by either side) won't end up with having to retry
the infringement.[ Reply to This | Parent | # ]
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| Authored by: tknarr on Tuesday, May 01 2012 @ 02:44 PM EDT |
I think the judge's course is "It's easier to have the jury decide and then
discard their decision if I don't need it, than to not have them decide and have
to send them back in if I do need it.". [ Reply to This | Parent | # ]
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| Authored by: PJ on Tuesday, May 01 2012 @ 03:56 PM EDT |
No. They did. I think the judge goofed,
personally, in assuming they could make
the distinctions that he finds easy.
The setup is great for appeals; for the trial
itself, I'd say not so much.[ Reply to This | Parent | # ]
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