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Is this a final judgement? Is it over now?
by _Microft 6y ago
Is this a final judgement? Is it over now?
- thedevelopnik 6y agoYes. There is no appellate court above the Supreme Court. The only way things could change now is if Congress/President passed a new law, and I don’t think API copyrights are near the top of the list.
- thaumasiotes 6y ago> There is no appellate court above the Supreme Court. That is true. > The only way things could change now is if Congress/President passed a new law That isn't true at all; the Supreme Court is free to change the law by itself. Someone could sue over the same question and get a different result overruling this one.
- bryanlarsen 6y agoSuing over the same question wouldn't get very far. The best approach would be suing over a closely related question. See coomoo728's analogy to Roe v. Wade: https://news.ycombinator.com/item?id=26699621 https://news.ycombinator.com/item?id=26699621
- dkjaudyeqooe 6y agoThey are free to change their mind, but are very reticent to do so. What compelling reason would there be to revisit this that could possibly change the outcome?
- Der_Einzige 6y agoAnd this has happened hundreds of times already https://en.wikipedia.org/wiki/List_of_overruled_United_States_Supreme_Court_decisions https://en.wikipedia.org/wiki/List_of_overruled_United_State...
- nikanj 6y agoTime for Oracle to pull out the Sun patent portfolio and start over.
- dkjaudyeqooe 6y agoYeah, before it expires.
- jcranmer 6y agoIIRC, they lost on the patent portfolio at the very beginning. That's how the case went to CAFC instead of the Ninth Circuit--there was a patent argument in the original appeal, which was dropped several years ago. And having already lost on the patent question in the past, any future case can point back to that decision and say "can't relitigate this point."