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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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Yes, for this trial. | 286 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Yes, for this trial.
Authored by: sd_ip_tech on Monday, May 21 2012 @ 03:33 PM EDT
In fact judges have taken the position that they are the final authority
regardless of external facts. This is good reason to stay out of Court if at all
possible.

---
sd_ip_tech

[ Reply to This | Parent | # ]

Where is the court's neutral expert?? (with lay definition of stack, and relationship to memory)
Authored by: Anonymous on Monday, May 21 2012 @ 04:01 PM EDT
Clearly, the jury doesn't understand a stack. For anyone allowed to read it:

Computer memory is what you think it is...a series of locations that store
values.

A stack is a way of accessing computer memory, or organising it -- that is,
last-in, first out. The classic example is subroutine/function/procedure/method
calls, where the computer needs to remember where it was, go do the function
(which can itself call more functions), and return to whatever it was doing. So
it "pushes" a return address on top of the stack....and pops it back
when it is ready to use it.

Think of plates just out of the dishwasher in a diner -- you can't get to the
ones in the middle of the stack, only the ones on the top.

[ Reply to This | Parent | # ]

Is the judge an "expert"?
Authored by: Wol on Monday, May 21 2012 @ 04:56 PM EDT
If he's a programmer himself (as seems likely) then the chances are he knows
more than Counsel.

As such, he's probably right to trust his own judgement more than theirs.

Cheers,
Wol

[ Reply to This | Parent | # ]

One word answers are inappropriate
Authored by: Anonymous on Monday, May 21 2012 @ 05:13 PM EDT
One word answers are inappropriate. A one word answer does not invite further
discussion. A one word answer implies the question was cut and dry. That's
intimidating to a questioner who didn't think so.

The judge may say he welcomes more questions, but that welcome is contradicted
by the implicit message delivered by curt answers.

Help Desk staff learn to paraphrase questions back to the users to ensure that
they are interpreting the questions correctly. Paraphrasing can to provide
context and clarify assumptions that are being read into the question. Often a
user asks the 'wrong' question. Paraphrasing with added context helps lead the
user to understanding.

[ Reply to This | Parent | # ]

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