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Authored by: pem on Saturday, June 02 2012 @ 05:26 PM EDT |
Sure.
But which way would it have gone?
And which way would it go today?
From your perspective and my perspective and Judge Alsup's perspective, the
right answer is obvious.
But from some other peoples' perspectives, the right answer is obvious too --
albeit 180 degrees from what I consider to be the right answer.
The current supreme court gets some things right and some things very wrong. In
the realm of copyright, for example, I think they got Costco v. Omega very
wrong. That was another 4-4 split. They've given themselves a chance to get
this even more wrong in John Wiley & Sons Inc. v. Kirtsaeng. Unless they
start to show understanding of reasoning that actually supports the bargain that
is pretty self-evident in the constitution, frankly, I don't like the sorts of
odds we've been seeing from them.
In a perfect world, I would be sanguine they would make the correct decision.
In the world we have, I would be quite happy for them to decline to take the
case.
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