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| Authored by: Anonymous on Friday, May 04 2012 @ 06:39 PM EDT |
Suppose the jury decides that if the law requires APIs to be copyrightable, then
the law is, in tota, bad, and as such should be declared null and void?
[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Saturday, May 05 2012 @ 07:04 PM EDT |
There are two elements to the infringement question:
1. is the material copyrightable
2. if it is, does the accused work infringe
The judge will determine the first question, but this judge wants a jury finding
of fact on the second issue so that, as he put it, if the appeals court
overrules him on the question of copyrightability (in the case he determines
that the APIs are not coprightable), the case doesn't have to be re-tried. So he
set the jury the task of deciding the second question assuming that he had
decided affirmatively on the first.
The judge is trying to make the process as efficient as possible. His decision
on copyrightability will arguably break new ground whichevery way it goes. If
the appeals court disagrees with him, this approach means that there is no need
for the effort and expense of a new trial because the fact issue will have
already been decided.[ Reply to This | Parent | # ]
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