nsomos
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Posts: 140
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Authored by nsomos on Jan 7, 2015 16:13:52 GMT
For your consideration ... Google Inc. v. Oracle AmericaThere have been a number of amicus curiae briefs filed including ones from COMPUTER & COMMUNICATIONS INDUSTRY ASSOCIATION HEWLETT-PACKARD COMPANY, RED HAT, INC., AND YAHOO! INC. Public Knowledge COMPUTER SCIENTISTS THE OPEN SOURCE INITIATIVE, MOZILLA CORP., AND ENGINE INTELLECTUAL PROPERTY PROFESSORS SOFTWARE FREEDOM LAW CENTER AND FREE SOFTWARE FOUNDATION Upon quick review, it appears to me that every one of these so far supports Google A note was added dated Jan 12 |
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Update
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Authored by Update on May 27, 2015 15:00:37 GMT
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Update Guest 2
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Authored by Update Guest 2 on Jun 4, 2015 19:51:28 GMT
SCOTUS to rule in 3 weeks. Can ignore the DoJ. If it doesn't, Google still has fair use but Oracle will have the upper hand then...
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Guest 2
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Authored by Guest 2 on Jul 1, 2015 3:31:37 GMT
SCOTUS didn't ignore DoJ...
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Authored by wayneborean on Jul 1, 2015 14:10:54 GMT
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Authored by wayneborean on Sept 24, 2015 6:44:56 GMT
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nsomos
Veteran Member
Posts: 140
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Authored by nsomos on May 23, 2016 18:43:28 GMT
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Authored by wayneborean on May 24, 2016 10:34:05 GMT
Not sure I trust reporting from Ars. Yes, it is better than the newspapers. But that isn't hard. |
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Authored by tiger99 on May 27, 2016 7:17:51 GMT
It is on the BBC news. Sorry, using phone and don't yet know how to make link.
The only point worth noting is that the BBC say that Oracle are prepared to take it to the Supreme Court and meanwhile will be appealing in the Federal Circuit.
The BBC are also aware that a lot hangs on this for other software developers.
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Authored by wol on May 27, 2016 14:02:52 GMT
It's on lwn. I posted there that judges don't like overruling juries.
My guess is that no appeals court will take it. The court originally ruled that APIs were not copyrightable. The jury has now ruled that using APIs is "fair use" (unfortunately weaker than "not copyrightable").
If it does go to the Supremes, expect Google to argue that the Federal Circuit got 9th Circuit law wrong when they overturned the judge. It was pointed out that the appeal ruling only holds in the 9th circuit, and then only so long as it doesn't go to the 9th's appeals court. The problem here, of course, is because Oracle played the patent card, it went to the Federal appeals court not the 9th's.
Cheers,
Wol
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Bubba
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Authored by Bubba on May 31, 2016 17:07:04 GMT
The court of appeals has to take the case - it is a right. The Supreme Court can choose to hear or deny the case.
It would be interesting to go to the Supreme Court, though. I'm not sure what the Federal Rules of Civil Procedure are with regards to this, but if it did go to SCOTUS, if I were Google I would add to the petition to review the original appellate decision that the APIs are subject to copyright.
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Authored by wol on May 31, 2016 18:57:08 GMT
The court of appeals has to take the case - it is a right. The Supreme Court can choose to hear or deny the case. If that's true. then I would expect every appeals court to be overwhelmed. Everyone has the right to appeal. They do NOT have the right to be heard. The trial court can grant or deny leave to appeal. The loser can appeal anyway over the head of the trial court. The appeals court can choose to hear or ignore the appeal (if they had to hear it, as I say, we would probably still be waiting for cases from the century before last to be heard!) And then if the appeals court ignores, or hears, the appeal then the loser has the right to appeal to the Supreme Court (again, with or without the blessing of the Appeal Court) The Supremes will then ignore or hear the case, and that decision is final. Cheers, Wol |
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Bubba
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Authored by Bubba on Jun 2, 2016 16:25:18 GMT
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swmech
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Authored by swmech on Aug 30, 2016 17:37:48 GMT
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Authored by wayneborean on Sept 4, 2016 0:00:40 GMT
I don't trust Ars. They tend to miss the important bits on highly technical reporting. But... They blow away the MSM. They just aren't as good as TechDirt. |
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