Re:Judge Alsup asks Oracle/Google to brief API issue in ligh...
by magicalist on Friday May 04, 2012 @02:02AM
(#3927257)
> I would say that logical arguments influence his decision, not "the EU court said this so..."
Well, that's what I said (I even couched my "influenced" with "indirectly"), but foreign opinions are cited as persuasive precedent at times. I have no idea what Alsup's track record is with that.
> As for being 23 years, it doesn't matter, a US Supreme court decision from the 1800's is precedent.
Certainly. As I wrote it, that was the introduction to suggesting that there has been plenty of time for applicable cases, even if none are a smoking gun for the copyrightable status of APIs.
I would say that logical arguments influence his decision, not "the EU court said this so..." As for being 23 years, it doesn't matter, a US Supreme court decision from the 1800's is precedent.