sarah jeong

It’s so fucking weird that Oracle v. Google ended up in the Federal Circuit, when only the copyright claims were considered.

Guess what’s even weirder? Its precedential effect: http://www.project-disco.org/intellectual-property/051214-further-reflections-on-oracle-v-google/ … (SPOILER: none)

seriously tho: Oracle v. Google is appealed to the Federal Circuit on the basis of a patent claim that doesn’t even get litigated

In order to determine the copyright claims, the Federal Circuit applies Ninth Circuit law. It (arguably) fucks it up.

In fact, it fucks it up so hard, that by claiming that “Google did not seek to foster compatibility,” it turns its own analysis into dicta

And then on top of that, because it’s the Federal Circuit, it’s not even binding precedent in the Ninth Circuit. Or anywhere, actually.

@sarahjeong Future plaintiffs can opt in to FC jurisdiction by throwing in a patent claim right?

@binarybits @sarahjeong if decision is ostensibly an interpretation of 9th cir law, other FC panels w/ other appeals maybe not even bound