this is just a bad ruling.
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Those cases were 9th circuit, right? O v. G ended up in Federal Circuit for procedural reasons
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that difference will only be resolved at the SCOTUS level right?
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it depends on how you frame the issue. the Solicitor General in 2015 did not see it as a circuit split.
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Replying to @sarahjeong @knowtheory and
the way one perceives O v. G changes depending on how one frames 1) the API issue
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Replying to @sarahjeong @knowtheory and
2) some of the circuit level decisions regarding interoperability
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is there much doubt that the interop questions here are analogous to AMD v Intel?
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if AMD copyright issues were settled at the district court level, it's irrelevant legally speaking
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totally agree, but there's just so much historical precedent in these non-precedent cases.
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and in many of those cases, the judges simply assumed Google's position; Oracle's was simply not at issue.
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