Oracle vs Google on Appeal
Dec 5, 2013 4:47:44 GMT
Authored by gringo on Dec 5, 2013 4:47:44 GMT
Google’s copyright win against Oracle is in danger on appeal
arstechnica.com/tech-policy/2013/12/googles-copyright-win-against-oracle-is-in-danger-on-appeal/
We were all there on Groklaw back when US District Judge William Alsup found that programming APIs can't be copyrighted. He crafted his judgement so carefully, knowing it would be appealed. Well, that appeal has now come to the US Court of Appeals for the Federal Circuit, which considers all patent appeals, because there was also a patent involved. We know this court - and the story of how it has evolved to become a pro-patent renegade. The Ars story suggests "The judges indicated they may side with Oracle on that issue." We could have expected that. It will be interesting to watch them navigate around Judge Alsup's careful analyses.
I fear this may have to go all the way to the Supreme Court. That may not be such a bad outcome in the end, because we have all been waiting for the Supremes to cut down the renegade US Court of Appeals for the Federal Circuit. So far they have been pussy-footing around a lot of issues, but this case may finally force them to take a stand. Whatever the final outcome, it would be totally unacceptable if it was found that copyrights apply to things like header files. That simply can't happen! If it does, we would need to respond like an Arab in the spring or an occupier.
On a totally off topic aside: I noted that Andy Updegrove made a post. So nice to see that. To all my old Groklaw friends... though I haven't posted here in months, I have missed you all terribly - every time I read something in the news that would have outrage us all. I feel so alone and helpless without the power of Groklaw to amplify my thoughts and find resonances. I think - these people are getting away with murder! And without Groklaw around any more to at least expose them...
Why I have not been around is that from early September on there has been some big changes in my life. I got a job with a BIG company on the cutting edge of technology - a brand name at the heart of the smart phone/tablet revolution, and this has been a huge move for me - a total sea change in my life. Another thing is, I have been disappointed that this effort "grokthelaw" has not provoked more discussion. Kudos to those who have attempted to keep it alive. However, it is so sad to see posting after posting about really important stuff with only one or two comments, if any at all. I don't know why people don't jump into discussion like they used to, but cleary they have been at least following the reports.
This is becoming a bit of a ramble, because I didn't expect to talk off topic, but I felt the need to say a few things.
arstechnica.com/tech-policy/2013/12/googles-copyright-win-against-oracle-is-in-danger-on-appeal/
We were all there on Groklaw back when US District Judge William Alsup found that programming APIs can't be copyrighted. He crafted his judgement so carefully, knowing it would be appealed. Well, that appeal has now come to the US Court of Appeals for the Federal Circuit, which considers all patent appeals, because there was also a patent involved. We know this court - and the story of how it has evolved to become a pro-patent renegade. The Ars story suggests "The judges indicated they may side with Oracle on that issue." We could have expected that. It will be interesting to watch them navigate around Judge Alsup's careful analyses.
I fear this may have to go all the way to the Supreme Court. That may not be such a bad outcome in the end, because we have all been waiting for the Supremes to cut down the renegade US Court of Appeals for the Federal Circuit. So far they have been pussy-footing around a lot of issues, but this case may finally force them to take a stand. Whatever the final outcome, it would be totally unacceptable if it was found that copyrights apply to things like header files. That simply can't happen! If it does, we would need to respond like an Arab in the spring or an occupier.
On a totally off topic aside: I noted that Andy Updegrove made a post. So nice to see that. To all my old Groklaw friends... though I haven't posted here in months, I have missed you all terribly - every time I read something in the news that would have outrage us all. I feel so alone and helpless without the power of Groklaw to amplify my thoughts and find resonances. I think - these people are getting away with murder! And without Groklaw around any more to at least expose them...
Why I have not been around is that from early September on there has been some big changes in my life. I got a job with a BIG company on the cutting edge of technology - a brand name at the heart of the smart phone/tablet revolution, and this has been a huge move for me - a total sea change in my life. Another thing is, I have been disappointed that this effort "grokthelaw" has not provoked more discussion. Kudos to those who have attempted to keep it alive. However, it is so sad to see posting after posting about really important stuff with only one or two comments, if any at all. I don't know why people don't jump into discussion like they used to, but cleary they have been at least following the reports.
This is becoming a bit of a ramble, because I didn't expect to talk off topic, but I felt the need to say a few things.