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Authored by: IANALitj on Tuesday, May 08 2012 @ 02:41 AM EDT |
Your scenario seems quite implausible. However, since you are asking about a
worst case scenario, this is still possible. Stranger things have happened.
First the judge would have to rule the APIs to be copyrightable. This
assumption is well within the bounds of a worst case scenario, but most opinion
on Groklaw is that it is an unlikely outcome.
In order to dismiss Google's fair use claim as matter of law, the judge would
have to go far beyond the fact that the jury left that matter open. He would
have to rule that no reasonable jury could find in Google's favor on the facts
as presented in the trial. This assumption is also within the bounds of a worst
case scenario, but to me it seems very unlikely indeed. The more common
response to a jury failing to reach agreement would be to recognize that
reasonable jurors can differ, and have a new trial.
[ Reply to This | Parent | # ]
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Authored by: Anonymous on Tuesday, May 08 2012 @ 09:55 AM EDT |
Why speculating about worst-case is silly: http://xkcd.com/748/
If Google lose this, they are going to get so much help on appeal from pretty
much everyone if they need it. And they are possibly big enough to *not* need
it.
What do you expect to happen when you decide to troll an entire industry? I'd
expect the Nazgul, SFLC, and possibly even Microsoft's legal team throwing their
weight in behind Google on their appeal. Assuming they are appealing the
"API's are copyrightable" angle, of course. *Everyone* has far too
much to lose if this goes the other way.
Seriously, either this works out with Google winning, or all software
development leaves the USA, and the US Government (probably) won't let it go
that far. (For some types of people the stick is a more effective motivator
than the carrot)[ Reply to This | Parent | # ]
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