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What is the room for appeals here? This is a massive ruling, heres to hoping it stands
by jcdavis 10y ago
What is the room for appeals here?
This is a massive ruling, heres to hoping it stands
- revelation 10y agoThis is already the retrial, I'm pretty sure it's dead now.
- AnimalMuppet 10y agoNope. Oracle can appeal to the Federal Circuit.
- revelation 10y agoOf course they can. But appeals typically have little chance of success, and a case that has already gone all up the appeal chain once and had a complete retrial? No way.
- AnimalMuppet 10y agoIt hasn't had a complete retrial. In the first trial, the judge (Alsup) ruled that APIs cannot be copyrighted. Google also had a fair-use defense, but didn't waste time on the trial with that, because Alsup had already ruled that APIs could not be copyrighted. Oracle lost that trial. Oracle appealed, and at the appeals court won a ruling that APIs could be copyrighted. The case got sent back down for a trial that was only about the fair-use defense, not a complete retrial.
- bitmapbrother 10y agoOracle can appeal all they want to the CAFC. Overturning a unanimous jury verdict is a herculean task.
- ars 10y agoAm I correct that they can only appeal an incorrect application of the law, but not the facts of the case? (Including the facts the Jury has decided.)
- bitmapbrother 10y agoThey're appealing the verdict of the jury. Good luck getting an appeals court to overturn a unanimous jury.