decoration decoration
Stories

GROKLAW
When you want to know more...
decoration
For layout only
Home
Archives
Site Map
Search
About Groklaw
Awards
Legal Research
Timelines
ApplevSamsung
ApplevSamsung p.2
ArchiveExplorer
Autozone
Bilski
Cases
Cast: Lawyers
Comes v. MS
Contracts/Documents
Courts
DRM
Gordon v MS
GPL
Grokdoc
HTML How To
IPI v RH
IV v. Google
Legal Docs
Lodsys
MS Litigations
MSvB&N
News Picks
Novell v. MS
Novell-MS Deal
ODF/OOXML
OOXML Appeals
OraclevGoogle
Patents
ProjectMonterey
Psystar
Quote Database
Red Hat v SCO
Salus Book
SCEA v Hotz
SCO Appeals
SCO Bankruptcy
SCO Financials
SCO Overview
SCO v IBM
SCO v Novell
SCO:Soup2Nuts
SCOsource
Sean Daly
Software Patents
Switch to Linux
Transcripts
Unix Books

Gear

Groklaw Gear

Click here to send an email to the editor of this weblog.


You won't find me on Facebook


Donate

Donate Paypal


No Legal Advice

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.

Here's Groklaw's comments policy.


What's New

STORIES
No new stories

COMMENTS last 48 hrs
No new comments


Sponsors

Hosting:
hosted by ibiblio

On servers donated to ibiblio by AMD.

Webmaster
Prior art in referencing? | 439 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Prior art in referencing?
Authored by: Anonymous on Tuesday, May 15 2012 @ 04:31 AM EDT
It appears to be some kind of stupid legal thing that courts have to be blind
and must assume that patents are valid, which is why validity is not being
argued in this case.

It's certainly very hard for people whose training is based on commonsense or
fairness to understand this. "Justice" doesn't mean the same to the
justice system as it means to the rest of us.

Which of course is why we have this case at all. A real justice system based on
commonsense rather than based on maximizing lawyer fees would have dismissed
Oracle's copyright lawsuit as soon as preliminary examination revealed that it
claimed copyright infringement of an API. It's so obviously wrong because
restricting APIs utterly destroys software interoperability that only a
completely insane legal system allows this case to proceed.

The patent lawsuit would not even have started of course, since the patents
cover software algorithms and hence would never even have been granted by a
sensible justice system in the first place. Looking for prior art isn't even
required, since everything in computing has prior art.

[ Reply to This | Parent | # ]

Groklaw © Copyright 2003-2013 Pamela Jones.
All trademarks and copyrights on this page are owned by their respective owners.
Comments are owned by the individual posters.

PJ's articles are licensed under a Creative Commons License. ( Details )