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Re: Is the GPL all encompassing?

From: Rjack
Subject: Re: Is the GPL all encompassing?
Date: Tue, 23 Sep 2008 16:12:03 -0500
User-agent: Thunderbird (Windows/20080708)

Hyman Rosen wrote:

The JMRI appeal's publicity of an enforceable artistic
license doesn't seem to have dampened your enthusiasm or
changed any of your rhetoric.

Why would it dampen *anything* ???  The CAFC has no binding
authority to overrule the district court judge:

"Accordingly, we deem it appropriate here to decide non-patent
matters in the light of the problems faced by the district court
from which each count originated, including the law there
applicable. In this manner, we desire to avoid exacerbating the
problem of intercircuit conflicts in non-patent areas. A district
court judge should not be expected to look over his shoulder to the
law in this circuit, save as to those claims over which our subject
matter jurisdiction is exclusive. [Footnote omitted.] ... The
freedom of the district courts to follow the guidance of their
particular circuits in all but the substantive law fields assigned
exclusively to this court is recognized in the foregoing opinions
and in this case."; ATARI, INC., v. JS & A GROUP, INC., 747 F.2d
1422, 223 USPQ 1074 (Fed. Cir. 1984) (en banc).

Judge White will enter judgment following the "old cases" that are
controlling law in the Ninth Circuit "the law there applicable".

He. He.

Rjack :)

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