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Authored by: xtifr on Thursday, May 03 2012 @ 03:47 PM EDT |
Lawyers can cite anything they want (as long as they don't care what happens to
their reputation or their bar license). This is not a precedent, and even if it
were, it will also establish that 7000 lines copied (or about 2.5% of the total
implementation) was not enough to overcome a defense of fair use, which will be
a boon to all future defendants who copy anything less. The only actual
precedent we'll have is the one we've all been relying on for all these years,
and any defense attorney worth their salt will point out that that precedent has
not been overturned, because the present case never addressed it (never had to).
At worst, we're no worse off than we have been for years.
As someone else pointed out, the actual worst case would be a finding of no fair
use, plus a ruling that the APIs are copyrightable. A finding of fair use plus
no ruling on the APIs leaves us slightly better off than we were before this
case, but not enough to bother mentioning.
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Do not meddle in the affairs of Wizards, for it makes them soggy and hard to
light.[ Reply to This | Parent | # ]
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