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| Authored by: jjs on Sunday, May 13 2012 @ 01:37 PM EDT |
I have no idea where you're coming from. So far, Judge Alsup seems to be doing
a pretty good job for someone who doesn't (or didn't) understand tech. He's
asked some very pointed questions, and even pointed out to Oracle how weak their
case was.
You've made some bold, provocative statements here. This is Groklaw, the
Missouri of discussion ("Show Me") - care to provide examples to back
your words?
---
(Note IANAL, I don't play one on TV, etc, consult a practicing attorney, etc,
etc)
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| Authored by: Anonymous on Sunday, May 13 2012 @ 01:45 PM EDT |
I think you are being unfair to the judge. It seems to me the big problem he is
dealing with is how to get justice while avoiding saying or doing anything that
will provide Oracle with grounds for appeal. I think that this is causing him
far more grief than the facts of the case.
BSF knows how to game the system to get their way; Alsup knows this and is
trying to make good things come of all this effort.
It reminds me a lot of a parent dealing with a scheming child trying to always
get their own way by making things up to suit the situation. Much as you might
like to take a swat at the kid, you don't because you would actually like to
have a good outcome and also you don't want to go to jail. Besides, swatting a
kid doesn't work anyway.
The problem is made worse because the kid knows that about you and is using your
rules and good nature against you all the while screaming for 'justice!'.
It is all very childish and yet the judge must make a wise and just ruling from
it. Considering what Judge Alsup is dealing with, I think he is doing
admirably.
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| Authored by: Anonymous on Monday, May 14 2012 @ 01:07 AM EDT |
Every jurisdiction in the world is struggling to come to
terms with IP protection in a digital age. Copyright,
patent and trademark laws were written in an age where art
and scholarship were created with a pen, a chisel or a brush
and inventions came in 2 categories - bigger than a bread
box or not. Half the people reading this forum have never
seen a breadbox.
Most of the politicians who make the laws, at least the
senior members who chair committees, remember bread boxes
and probably think bread and milk are still delivered to
your door. They think about a nation that put a man on the
moon and hear about the Chinese pirating software - stealing
American ingenuity - and rush to create new digital IP laws
not realizing that existing IP laws are being used to
stifle, not protect innovation.
Personally, I think this judge is doing a pretty good job,
which is why a mistrial or remand on appeal would be a
travesty.
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