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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Authored by: Anonymous on Sunday, May 13 2012 @ 03:20 PM EDT
If Judge Alsup rules that API SSO can be copyrightable, even with very specific limitations, it is going to cause utter chaos in the U.S. software industry.

... Hopefully followed by armed revolution, as angry geeks depose their government and install a new one that will annul all software patents and restore some semblance of sanity to the nation's copyright laws!

[ Reply to This | Parent | # ]

Confronting Trivialities or ...
Authored by: Anonymous on Sunday, May 13 2012 @ 03:21 PM EDT
Couldn't agree more........except I believe the judge NOW fully understands WHY
it's been a waste of time.

I hope he states this explicitly, so that later cases can benefit from his
rulings.

[ Reply to This | Parent | # ]

Corrections here
Authored by: BJ on Sunday, May 13 2012 @ 03:58 PM EDT
You got two points 3.

bjd

[ Reply to This | Parent | # ]

The delay in the API copyrights decision makes sense to me
Authored by: jbb on Sunday, May 13 2012 @ 04:29 PM EDT
We all know this decision is a very big deal. The judge is very aware of this too. In addition, both sides have means and motive to appeal his decision, whichever way it goes, all the way to the Supreme Court. To top it all off, when this whole thing started almost two years ago the judge did not know what an API even was.

When I was reading our reporter's account of some of the testimony during the patent phase of the trial, I was struck by the insightful questions the judge asked. And it was not just his questions, he seemed to be learning a lot from the answers. It occurred to me that the trial portion of the process was the only time the judge got to hear from non-lawyers directly. I can see that this would be a very valuable source of information for him. It makes perfect sense to me for the judge to delay his decision as long as:

  1. He was still gaining information that might help him write a more bulletproof decision, and

  2. He was not prejudicing the outcome of the trial.
This fits in with his attempt to avoid the damages phase of the jury trial. If they skip the damages phase then there is no harm in the judge taking all the time he needs before writing his decision on API copyrights. I think it is quite likely the judge has already decided which way he is going to go on the question of API copyrightability but he still may want more time and information so he can make his written decision as bulletproof as possible. This is a really important decision. If it gets appealed to and heard by the Supreme Court it may well become the law of the land. I see no reason why Judge Alsup should rush it.

---
Our job is to remind ourselves that there are more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay

[ Reply to This | Parent | # ]

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