If the case law was as you say then why did the API claims in the current case
have to go to trial?
They went to trial precisely because the current case law
is not clear. As I've said before, Judge Alsup's ruling is by far the best
summation of the current state of the situation I've seen.
If case law was
clear (and in favor of Google) then the API claims would have been thrown out in
summary judgment.
A lot of the early upset and ire on Groklaw at Judge
Alsup was due to the mistaken idea that case law on this issue was completely
settled years ago. Judge Alsup realized this was not true so he went to great
lengths to ensure that it would become settled after this case has gone through
appeals. One thing this case highlighted for me was the vast difference
between what is known and accepted in the real-world and what is known and
accepted in the law books and in case law.
Judge Alsup's ruling takes a giant
leap towards bringing the law books and case law into accord with the
real-world.
--- Our job is to remind ourselves that there are
more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay [ Reply to This | Parent | # ]
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