Hyman Rosen wrote:
Alexander Terekhov wrote:
The CAFC has a long history of blunders regarding "conditions"
and erroneously applying tort instead of contract law.
And have those alleged blunders been overturned on appeal?
The CAFC sets no precedent in copyright cases.
"Technically, the Federal Circuit's ruling will have no
precedential, effect. Because of an unusual quirk in US law, the
court had to apply the legal standards of a sister appellate court,
the 9th Circuit Court of Appeals; and the Federal Circuit's
interpretation of 9th Circuit law has no precedential value. "Even a
future Federal Circuit case on this area of the law must look again
to the regional [9th] circuit and not the Federal Circuit
interpretation," according to Harold Wegner, a partner in the
Washington, DC office of Foley & Lardner."
http://www.ip-watch.org/weblog/2008/08/26/us-court-finds-open-source-licences-enforceable-big-impact-seen-on-us-copyright-law/
FORGET THE CAFC WITH RESPECT TO COPYRIGHT LAW
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