> Re: Lotus vs. Borland: The problem for Google is that not every appeals court has followed the First Circuit's approach in Lotus. The Supreme Court actually a

> Re: Lotus vs. Borland: The problem for Google is that not every appeals court has followed the First Circuit's approach in Lotus. The Supreme Court actually agreed to hear an appeal of the Lotus ruling back in the 1990s, but, with one justice absent from the case, the high court deadlocked 4-4. That allowed the Lotus ruling to stand, but it didn't make the ruling binding on other appeals courts. A 4-4 tie could happen again this time around, as there is currently one supreme court seat vacant just as there was for Lotus vs. Borland.