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The jury has to begin in a state of technical ignorance. | 286 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
How long would it take to educate a jury?
Authored by: arnotsmith on Tuesday, May 22 2012 @ 01:43 AM EDT
It takes three or four years to make a programmer from a high school graduate.

It would take even longer to train someone to understand enough law to interpret
patent language.

I have been coding for 50 years, but I don't really understand the distinctions
that are being argued about here; and I have never been able to make any
connection between a software patent description and reality.

Can a jury say "We don't understand any of this, can we go home now
please?"?

[ Reply to This | Parent | # ]

The jury has to begin in a state of technical ignorance.
Authored by: Anonymous on Tuesday, May 22 2012 @ 12:01 PM EDT

When you say

The jury has to begin in a state of technical ignorance.
I have to agree that was a criterion of the jury selection. But why is that? I used to think it was because the lawyers didn't want anyone on the jury who could see through their lawyerly BS. But now I have to wonder. If you've got a good case, why insist the jury be technically untutored, which can only take your good case and make it a crap shoot?

[ Reply to This | Parent | # ]

And the way to kill obscure software patents
Authored by: YurtGuppy on Tuesday, May 22 2012 @ 12:47 PM EDT
<pre>

Function burden_of_proof(big_$$_patent: X)
{
if ( jury_too_dumb(X) || patent_too_obscure(X))
{
decision = NO_INFRINGEMENT;
}
}
</pre>

<pre> tag doesn't work arg!

<




---
a small fish in an even smaller pond

[ Reply to This | Parent | # ]

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