Has anyone done good writing on the options for rescuing us from the Federal Circuit's terrible ruling that APIs are copyrightable?
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Replying to @binarybits
Maybe the courts can decide that they're copyrightable but there's broad fair use? Or could we get a circuit split and later SCOTUS review?
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Replying to @binarybits
if this appeals, it goes back to Federal Circuit (ugh).
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Replying to @sarahjeong
Or does their refusal to grant cert mean they also won't second-guess that part of the ruling now?
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Replying to @binarybits
I would really like to know this and I've been meaning to ask a SCOTUS expert cc:
@chrisgeidner1 reply 0 retweets 0 likes -
I don't think denial of cert means anything about future appeals, particularly if the circuits split.
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Replying to @copiesofcopies @sarahjeong
Could SCOTUS then say APIs aren't copyrightable, or would they just address the fair use question?
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Would depend on (a) what question(s) the court grants cert on, & then, (b) what is nec for ruling.
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is it possible to send up a question that they've denied cert on before?
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A denial of cert is not a decision on the merits &, technically, expresses no opinion on the merits.
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In other words, yup, they could grant cert one day on a Q in which they denied cert previously.
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Replying to @chrisgeidner @sarahjeong and
For example, happened with marriage cases from Oct '14 to Jan '15.
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New conversation -
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even in the same case, when the issue is not one before the trial court on remand?
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