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Corruption or influence from local industry isn't supposed to affect the decisions of federal judges, but it's hard to not notice the trends. Everybody knows t

Corruption or influence from local industry isn't supposed to affect the decisions of federal judges, but it's hard to not notice the trends. Everybody knows that the place to file patent infringement suits is East Texas, and the place to file copyright infringement cases is San Francisco, because that's the place where you are most likely to win.

dragonwriter 6y ago
> the place to file copyright infringement cases is San Francisco, because that’s the place where you are most likely to win. I dunno, Oracle kept losing against Google in the case they in the Northern District of California (the district encompassing San Francisco), and kept having the get the Federal Circuit (in Washington, D.C.) to revive the case for them. If you mean to insinuate something about the court that actually ruled here (the US Court of Appeals for the Ninth Circuit), you don’t actually have to file in San Francisco, or even its judicial district, for that court to be in the appellate chain (the case here was filed in the Southern District of California), because the Ninth Circuit is the appeals court for normal cases (but not cases that ever had patent claims, which go to the Federal Circuit) for a wide area [0]. And it would be silly, because (1) I don’t see any evidence that the Ninth is particularly copyright maximalist compared to other circuits, and (2) to the extent that it has taken a hard position on copyright claims in certain cases, its often been portrayed as hostile to the music and film industry that is so powerful in the state in so doing. [1] [0] https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135 https://www.ca9.uscourts.gov/content/view.php?pk_id=00000001... [1] e.g., https://www.forbes.com/sites/schuylermoore/2019/11/12/the-ninth-circuit-is-tone-deaf-to-copyright/?sh=553127243eab https://www.forbes.com/sites/schuylermoore/2019/11/12/the-ni...

dragonwriter 6y ago

> the place to file copyright infringement cases is San Francisco, because that’s the place where you are most likely to win. I dunno, Oracle kept losing against Google in the case they in the Northern District of California (the district encompassing San Francisco), and kept having the get the Federal Circuit (in Washington, D.C.) to revive the case for them. If you mean to insinuate something about the court that actually ruled here (the US Court of Appeals for the Ninth Circuit), you don’t actually have to file in San Francisco, or even its judicial district, for that court to be in the appellate chain (the case here was filed in the Southern District of California), because the Ninth Circuit is the appeals court for normal cases (but not cases that ever had patent claims, which go to the Federal Circuit) for a wide area [0]. And it would be silly, because (1) I don’t see any evidence that the Ninth is particularly copyright maximalist compared to other circuits, and (2) to the extent that it has taken a hard position on copyright claims in certain cases, its often been portrayed as hostile to the music and film industry that is so powerful in the state in so doing. [1] [0] https://www.ca9.uscourts.gov/content/view.php?pk_id=0000000135 https://www.ca9.uscourts.gov/content/view.php?pk_id=00000001... [1] e.g., https://www.forbes.com/sites/schuylermoore/2019/11/12/the-ninth-circuit-is-tone-deaf-to-copyright/?sh=553127243eab https://www.forbes.com/sites/schuylermoore/2019/11/12/the-ni...