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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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Although Lexmark v. Static Control Components has elements that pertain! | 148 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Although Lexmark v. Static Control Components has elements that pertain!
Authored by: Ed L. on Wednesday, May 23 2012 @ 07:51 PM EDT
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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