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For someone who is very much on the outside of understanding this situation, if you think you know enough to comment on it overall, would Canada Goose Online you say that they are mishandling it due to generally misunderstanding the gravity of the verdicts they are handing out or is it Canada Goose Parka more to do with Canada Goose Outlet not precisely understanding the technology, what goes into creating such technology, how technology is propagated and improved, and how that diaspora of code and information winds up becoming the open or closed source “fabric” of what we know as computing canada goose outlet store today?
> Can the Ninth Circuit itself petition canada goose factory outlet the Supreme Court to intervene and stop the Federal Circuit from making a hash of Ninth Circuit law?Technically, this doesn have any effect on 9th Circuit law because CAFC decisions applying (and I use that term loosely, here) a particular Circuit’s law do not form new binding precedent for courts in that circuit (or even precedent binding on the CAFC itself in future cases applying the same law.)But, no, the Ninth Circuit can intervene that way, though tension between Ninth Circuit precedent and a decision, even if non binding on other courts, in the CAFC presents an issue similar to canada goose outlet a conflict between circuits that would ordinarily seem to canada goose clearance weigh in favor of the Supreme Court taking the case on appeal, since avoiding effectively having different systems of federsl law applied to different cases is one reason the Supreme Court exercised it discretion to hear appeals. It seems certain that Google will appeal this.
> Appellate courts do not lightly overturn jury verdicts using highly fact specific reviews of evidence. A nation is a machine that is evolving its own buy canada goose jacket cheap state. There no outside “programmer” who can observe and define the entirety of the desired state. (Unless you believe in an active interested conception of God, perhaps.)The legislators, lawyers, and judges who tell us what the law is, are part of goose outlet canada society too canada goose outlet https://www.foekjedillema.nl toronto factory and that why the law changes canada goose black friday sale over time. It supposed to change over time. What do most tech companies want from the government? To stay the heck out of their business, stay far away, and don bother me. Ignorance of the law is canada goose uk outlet a given. Justice should be given to those who deserve it, not to those who manufacture it through technicalities. The rule of law is only sensible insofar as canada goose outlet sale it can achieve justice, not as its own end divorced of anything humanly meaningful. That could be a good angle along with any possible opening to exploit.
> Family law? If you advocating that human perspective for the opposing party, are you failing your duty to your client?They canada goose jacket outlet shouldn be advocating the opposing party human perspective in court, but they certainly should be doing it privately to the client. They don have to take canada goose outlet jackets every case to court and they don have to seek the harshest allowable punishment for every case they do take to court. They are supposed to be serving the public interest, not seeking cheap canada goose to imprison as many people as possible.
It may be helpful for readers to look at the actual meat and potatoes of the decision itself. I recommend jumping in at Page 27 of the decision so that they can see how the fair use factors were evaluated in this case:
use has four factors, lets see how it shook out:1) Purpose and Character:
Google tried to argue that because android is free that it isn commercial. Bzzt. Nope. Google claimed it was transformative because they used it in smartphones, yo. No. Lots of people have an issue with this, but the previous opinions on that point are where you should go for material on that uk canada goose outlet point.3) Amount and Substantiality:
Bad faith usage came out around neutral; wasn a huge amount copied but it was important material, as admitted by Google themselves.4) Effect on Work Value:
Direct evidence of market harm demonstrated by showing that Amazon leveraged Google infringement to lower their license payment. Maybe they get cert and have the supreme court take a look at this following the re trial. There is good reason for this. If you wanted to do business with certain entities, the implementation had to be multisource. The new implementation had to come from a cleanroom, canada goose outlet online but in this case it came from open source (which seems equivalent). Therefore you have one judge making one decision that is an anomaly. It seems to me that a single judge should not canada goose outlet online uk be making a landmark decision. The court also.