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:
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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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Replying to @sarahjeong @chrisgeidner and
Yes. Hamilton-Brown Shoe Co. v. Wolf Brothers & Co., 240 U.S. 251, 257-259 (1916).
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As always, when it comes to its operation, the court does what it wants, w few set rules.
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Replying to @chrisgeidner @sarahjeong and
Right. Case decides "can it given that its denied cert. before," not "will it."
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