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Authored by: Anonymous on Wednesday, May 16 2012 @ 03:18 PM EDT |
This agreement means that if the judge decides that
SSO is covered by copyright law, there will be jury trial
that determines damages. Otherwise the judge will
determine damages.
If the judge decides against SSO, but the that is
overturned by appeal, the judge's damages ruling
would be voided, and a new jury trial would determine
damages. (The new trial would happen anyway, the
only special part here is the voiding of the statutory
award in favor of whatever the jury decides.)[ Reply to This | Parent | # ]
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Authored by: pem on Wednesday, May 16 2012 @ 06:13 PM EDT |
There are two basic possibilities:
1) Judge Alsup rules that SSO is copyrightable.
1a) For efficiency, he allows an interlocutory appeal before it gets to a jury;
or
1b) He convenes a jury, which rules on all copyright stuff.
2) Judge Alsup rules that SSO is not copyrightable, and simultaneously rules on
a damage amount for rangeCheck and the copied files.
In either case, an appeal is almost guaranteed to happen. But if Alsup rules
SSO not copyrightable, he might as well rule on damages for the other stuff --
if he is not overruled, then he is finished.
[ Reply to This | Parent | # ]
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