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I wouldn't be surprised if the decision is very narrow in this case or if it is even postponed again until there is a ninth justice. But I have a bad feeling it
by dlandis 6y ago
I wouldn't be surprised if the decision is very narrow in this case or if it is even postponed again until there is a ninth justice. But I have a bad feeling it will be decided in favor of Oracle, since considering specific APIs part of the "idea" rather than the expression seems to be more of a convention among software engineers rather than actually part of the law. APIs can be "expressions", after all, it just depends on how literal or pedantic you want to be in your reading of the law. The real solution seems like it would be to update the outdated law.
- gpm 6y agoIf they decide it narrowly I bet they overturn the federal circuits decision to override the jury (constitutional right to a jury trial, oracle waived the argument about a court ruling on legal aspects of free use when they agreed to the jury instructions) and leave all the interesting legal questions open.