Because, as I have just learned, the last time they did a four factor fair use analysis, that's what happened in that case!!!!!!!
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* I guess it's also possible they could decrease damages but lol come on
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this case is so fucking dumb
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this is some old school federal circuit shit. "we're smarter than a jury who sat through a two week trial and a judge who has been coding since the 1980s. why do we even have district courts anyways. just present your evidence directly to us, the federal circuit"
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see the other part is if they just left the dumb thing standing their ridiculous 2014 ruling would still be precedent for many years to come (MAYBE FOREVER) in the twilight jurisdiction of "the 9th Circuit as interpreted by the Federal Circuit"
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but no. they have to overturn a jury too. for fuck's sake.
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En réponse à @sarahjeong
Dumb question: Why doesn't this go to the 9th circuit court of appeals? Why the federal circuit?
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En réponse à @stevecheckoway @sarahjeong
As I understand it: Because it initially involved patents, and even though they're not arguing over those anymore it's still that same case and thus remains with the same appeals court.
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En réponse à @CrookedKnight @sarahjeong
I see. I guess that makes some sense. I, incorrectly, assumed that once the patents were no longer involved, it'd change.
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En réponse à @stevecheckoway @sarahjeong
I think the problem is that the patents are still technically *involved in the suit*, in the sense that the complaint includes patent issues, they're just not the subject of any of Oracle's appeals. In theory that could change.
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If this sounds weird to you guys it is actually definitely weird and multiple legal scholars have suggested that perhaps the law needs to be amended to prevent outcomes like this
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I am unclear on whether it has to be statutory reform or if a procedural rule change will do
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statute
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