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Google has had 6 years to show this disaster and yet they could not list a single example of it happening. The world is going to be fine.
by nojito 6y ago
Google has had 6 years to show this disaster and yet they could not list a single example of it happening.
The world is going to be fine.
- dragonwriter 6y ago> Google has had 6 years to show this disaster and yet they could not list a single example of it happening. How? For that to be true, there would have to be binding precedent applicable outside this case. But Federal Circuit decisions on legal questions—for instance copyright—outside their special subjects (patent claims is what got this case before them) do not create binding precedent for any lower court. Had this not gone through the Federal Circuit, and had it been the Ninth Circuit (which otherwise would have been the court to hear the appeal) that had ruled, sure, you could then say “Hey, look, there's not some apocalypse due to this ruling happening in the Ninth Circuit, so it must not be a real problem”. But the Federal Circuit decision, notionally applying Ninth Circuit law, has no binding effect on any other court in any other case, so of course it hasn't caused an apocalypse. Precisely because no other court, trial or appellate, has ever held APIs to be copyrightable.
- nojito 6y agoThe courts ruled 6 years ago. There was nothing stopping anyone from capitalizing on that ruling and moving forward with bring this "disaster" This was brought up during the oral arguments and Google did not have a great answer.