So although he is not
legally bound by the EU decision there is no
world in which an opposite ruling
would should be
allowed to stand and would should be overturned (either
by a higher court or by new legislation).
T,FTFY. It is more
likely for an opinion be overturned should it run contrary to Lotus v
Borland than to the EU, though Judge Alsup seems quite aware of the
latter's significance. But please keep in mind that Judge Alsup cannot rule by
fiat. This is a "legitimate" (sorry, having trouble with that one) case before
his court, and the judge must make every effort to hear the plaintiff's full
position -- and the defendant's full defence -- before making his
judgement.
As for your suggestion a contrary decision be overturned by new
legislation, may I tactfully remind that such "new legislation" would be drafted
by the same wonderful folks who so thoughtfully provided DMCA and ACTA?
:-)
--- Real Programmers mangle their own memory. [ Reply to This | Parent | # ]
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