On 16/05/14 18:17, Joshua Gay wrote:
I don't understand how these things work well enough to formulate my own opinion, but I've been hearing mixed opinions on precedent. Here is Jonathan Band's take on the matter of precedent, <http://www.project-disco.org/intellectual-property/051214-further-reflections-on-oracle-v-google/>: "1. The Federal Circuit’s decision is not binding precedent in any other case in any district court anywhere in the country. Because this case arose in the Ninth Circuit, the Federal Circuit was required to apply Ninth Circuit precedent. But its interpretation of Ninth Circuit precedent is not binding on district courts in the Ninth Circuit, or any other circuit. Thus, a district court in San Jose or Seattle is free to ignore the Federal Circuit’s misinterpretation of Sega v. Accolade and Sony v. Connectix."
Joshua, thank you. If that analysis proves correct it suggests that Google will ask for an en-banc hearing which might clarify things. I'm working on obtaining some expert legal opinion as to the precise situation in the E.U./U.K. and I'll keep a close eye on how things develop in the U.S.A. In the meantime I'm going to suspend my project until the legal landscape is clearer.
