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This is going to the Supreme Court and will not be settled by a single judge, particularly a California district judge. There is just no incentive for either pa
by rsj_hn 5y ago
This is going to the Supreme Court and will not be settled by a single judge, particularly a California district judge. There is just no incentive for either participant to decide "Oh, if Yvonne Rogers says so, then sure we're changing business models".
The entire case is just round 1 of an oracle-google style dispute, which (if I had to guess) will likely have a similar ultimate conclusion -- e.g. preserve the status quo with possibly minor adjustments.
- Dah00n 5y agoIn the US perhaps but not so in the EU.
- rsj_hn 5y agoNot knowing much about the EU, would a district judge responsible for, say, northern Italy be able to change EU-wide business rules? With no appeal to a broader authority?
- kergonath 5y agoNo, not really. A judge would apply the rules as they exist. And then, depending on the case it would follow the local country’s appeal process and possibly end up at the CJEU. But even then it would not change the rules. Any change of rules needs to be drafted by the commission or proposed in parliament, and then accepted by the parliament. The EU does not really do common law. Not like in the US anyway.
- ClumsyPilot 5y agoThey are not changing the rules, they are changing the status quo by ruling that a currently widespread practice is breaking the law.