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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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new balls please | 871 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Good luck with that argument. n/t
Authored by: Anonymous on Saturday, August 25 2012 @ 01:32 PM EDT
n/t

[ Reply to This | Parent | # ]

Jury in Apple v. Samsung Goofed, Damages Reduced -- Uh Oh. What's Wrong With this Picture? ~pj
Authored by: PJ on Saturday, August 25 2012 @ 01:40 PM EDT
Well, I'm not a robot. I do respect the legal system and I normally do respect jury decisions, whether I agree with the result or not. I do Groklaw with one express goal being that I want to show you how the system works so you can value it.

But you can't respect a failed result, and based on all I know and see, that's what we are looking at here. I'd be delinquent not to write what I know.

It has nothing to do with fandom. I don't own any Samsung products. I do own a lot of Apple products.

And this case wasn't a bit about Android, just UI stuff and designs, hardware too, none of which is vital to Android or even related in some cases. This doesn't really touch Android, in my view, so no emotions are stirred on that account.

In fact, I didn't even cover this trial because I didn't care about the outcome on the deep level you need to care to write about complex litigation. Samsung puts out Windows devices too, after all.

It wasn't until I saw unfairness happening in the media and in the court that I started to write, and frankly the end result very much confirms that my instinct was right.

It often is, and if you look at Groklaw's record, you'll have to agree that we call things right time after time. I wasn't sure here, because I jumped in late, but I should have trusted my instincts, because they proved true.

Even lawyers, with no agenda, are now predicting this case will go to the US Supreme Court, because it got so much wrong. It's not about fandom. It's about expertise.

So don't assume that I don't know what I'm writing about. If I write about something, it means I do know something about it. If I don't, I never pretend, and I won't write about it. I'll ask a lawyer or someone else to write about it, if I can find one, but I don't.

And just so you know, I never analyze cases based on who I like. It's the primary advantage of never taking shill analyst money.

So don't be so quick to hurl attack words. It's rude, and my record stands for the proposition that I am always trying to be fair, even to companies like SCO whose conduct I absolutely despise.

You know what's funny? Every single case I've written about, someone accuses me of some bias. For an ironic example, when I wrote about the Apple v. Psystar case, comment after comment accused me of being an Apple fan.

I write what I understand about the law, and I analyze cases on the facts of the legal dispute, not who I like or don't like. I can promise you that if I'd found out from research that SCO was right, you'd have read about it right here. On one issue, what I wrote did benefit SCO, actually, now that I'm remembering. But I wrote it anyway, because it was true, and that is what Groklaw is for.

[ Reply to This | Parent | # ]

Jury in Apple v. Samsung Goofed, Damages Reduced -- Uh Oh. What's Wrong With this Picture? ~pj
Authored by: Anonymous on Saturday, August 25 2012 @ 04:39 PM EDT
I think it hasn't quite hit home that juries are /always/ incompetent. They
decide on the wrong basis: the colour of the skin of the defendent, the glibness
of a lawyer, the looks of an expert.

I am not saying that there aren't good reasons for why they make bad decisions.
They don't want to be there. They are not trained in logical thinking. It is
horrible to think of a group of laypeople being asked to decide between two
expert opinions.

[ Reply to This | Parent | # ]

new balls please
Authored by: BJ on Sunday, August 26 2012 @ 08:20 PM EDT
To be true, to an outsider all these cries of foul do seem
not without some silliness, when at other times seemingly
the same people are ecstatically jubilant about the fine
American jury system in particular and the idem American
jury in general, and which --the fine American jury that is--
had just shortly before been proclaimed to always know best.

bjd



[ Reply to This | Parent | # ]

  • new balls please - Authored by: Anonymous on Monday, August 27 2012 @ 04:02 AM EDT
Groklaw © Copyright 2003-2013 Pamela Jones.
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