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Authored by: rsteinmetz70112 on Monday, May 14 2012 @ 02:22 PM EDT |
I don't think it means he will not decide, he's said all along he would, but if
he decided for Oracle on SSO and the jury doesn't deliberate on damages, then
how will damages be set?
It seems much cleaner to me to send copyright infringement damages including SSO
to the jury then make a legal ruling on SSO. The form for damages could separate
out the three instances of copyright infringement and call for a figure for each
of the three. Do the same with patent damages, a figure for each patent that is
decided infringed.
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Rsteinmetz - IANAL therefore my opinions are illegal.
"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk
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Authored by: Guil Rarey on Monday, May 14 2012 @ 02:46 PM EDT |
IANAL, IMHO, insert additional disclaimers as needed....
Translation: "There's no way on this earth, or any other conceivable earth
for that matter, that I'm ruling that this stuff can be copyrighted."
The judge understands perfectly well the nature of a vacuous truth. He just
told one.
However, he cannot say so plainly, except in the form of a formal ruling; to do
so would create an issue of judicial bias for Oracle to appeals.
Patience, grasshopper.
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If the only way you can value something is with money, you have no idea what
it's worth. If you try to make money by making money, you won't. You might con
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Authored by: dio gratia on Monday, May 14 2012 @ 07:37 PM EDT |
"If the day ever comes when that is established ..." sounds a bit like
Judge Alsup is telegraphing which way the question might be decided, making the
issue of damages vanishingly remote.
Whether or not Oracle succeeds in what appears to be a long shot making
functional structure, sequence and organization of software copyright eligible
the answer for damages appears to lie on the other side of at least one new
trial.
Unless perhaps Oracle were to exhaust any appeals on the protection of SSO as a
matter of law or the parties settle.
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