News for hackers. Stuff that matters.
Re:U.S. Supreme Court Curbs Excessive Design Patent Damages by jessaustin on Thursday December 08, 2016 @06:06PM (#13135155)
A useful, if unpopular, corollary to that observation, in politics, is that there is no such thing as a "loophole"...
Re:U.S. Supreme Court Curbs Excessive Design Patent Damages by danharaj on Thursday December 08, 2016 @11:19PM (#13136640)
It's more complicated than that. If a judge under common law thinks you're trying to abuse the letter of the law to violate its spirit, they could very well deem it a loophole and reject the reasoning. In civil law a judge is expected to uphold the law as close to how it's written as possible. In both cases we have the corollary which many don't acknowledge that the law is not what's written on paper, it is a system that includes human components.