Answer: the judge indicated it would be statutory
only.
But from what I've read here, there seems to be a lot of
variance in what those damages would be, depending on multiple factors,
willfulness being one of them
30 days to file a notice of appeal,
and then 60 more days to actually file the brief, although there are footnotes
for corner cases, as always with the law.
But does that start now?
or do we have to wait until the final damage numbers? Also, can the damage
numbers be kept secret?
Yes.
I hope they do. I mean,
given that those are test files, meaning that they serve to check compatibility,
wouldnt that fall under the Sony vs Conectix case?
I'm not sure on
this, as I'd have to check the settlement agreement. But with statutory, and
considering the judge told Oracle it was just a mistake and considering what he
wrote about the test files in his ABI ruling, I think we can forget
willfulness.
So the ceiling and floor for statutory damages drop
substantially...
I'd never seen that "rule" before, and this is in a
different Circuit, the 9th, N. CA., so what happened in SCO wouldn't necessarily
apply here. The 10th Circuit is weird. (oops. did I say that out loud?)
Thanks PJ. Mind you, as someone from the other side of the pond, I
find your legal system perplexing (I mind mine too, but in a different way)[ Reply to This | Parent | # ]
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