Tag Archives: SCOTUS

Digital Life Clippings – New Year’s News

  1. Indian government blocks programming web sites, including archive.org and Github gists – TechCrunch – As if to illustrate why it’s bad to allow anyone the power to block web sites arbitrarily, the Indian government has blocked entire slices of web infrastructure because one of their functionaries found something about ISIS somewhere on it. More on the blog.
  2. Marriott wants to block your devices so you have to pay for their wifi – Boing Boing – Marriott clearly does not want anyone from the technology industry to stay at their hotels or to use them for events. Best to respect their wishes and avoid them like the plague.
  3. End-user adoption of open source is a lousy metric – RRW – Open source is primarily a collaboration technique, leveraging the permission-in-advance arising from software freedom to unlock innovation in many unrelated deployers. For many reasons, enterprise end-user deployment of unmodified open source software is thus a lousy metric for gauging the influence of open source.
  4. Perfect slapdown to a bogus takedown – TechDirt – The monkey selfie is resoundingly in the public domain, your jurisdiction has no say in mine and my use is fair use. Otherwise, do you have any questions?
  5. If the Supreme Court tackles the NSA in 2015, it’ll be one of these five cases — Ars Technica — This is a great test for the separation of powers. US law very clearly needs an update for the meshed society and signalling it is a job for SCOTUS. I’m also interested to see if the court is willing to clarify the Third Party Doctrine. It seems obvious to me that if I have a relationship with a telco as a customer, that telco can’t truly be considered a “third party”.

Google’s Supreme Court Petition

Last week Google petitioned the Supreme Court of the United States for permission to appeal the Federal Circuit decision to overturn their victory against Oracle. You may remember that Oracle sued for patent and copyright infringement over Google’s use of a small subset of the huge Java class API in Android. Oracle lost in front of a jury in the district court in San Francisco, but then won on appeal.

The case will be a significant landmark for the technology industry regardless of the outcome, but the real impact of any decisions reached will be felt first by Android. The petition itself then suggests that the wider impact of the case is narrower than others might have feared, as its effects only come into play with substantial systems of APIs. Still, in the event of an Oracle win, open-source-licensed APIs would suddenly become much more important and the work of creating developer ecosystems around proprietary APIs would become much more challenging.

The Google petition includes three detailed and thorough arguments for the overturning of the Federal Circuit decision. For a look into what those arguments are and more on the significance of the case, try Simon’s InfoWorld article.

 

Supreme Court Patents Decision Pending

In yet more intellectual property news, we heard yesterday that the US Supreme Court has agreed to consider a question arising from the Alice Corporation vs CLS Bank dispute over the patentability of software. The Federal Circuit court, which is known to have a bias towards patent holders, has referred the question to the Supreme court after an en banc  hearing resulted in a divided opinion. The matter unresolved concerns agreeing on a foolproof test for whether a patent ought to be valid if it combines a computer and an unpatentable abstract method. Read more in Simon’s InfoWorld summary.