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Re: Copyright Misuse Doctrine in Apple v. Psystar

From: Rahul Dhesi
Subject: Re: Copyright Misuse Doctrine in Apple v. Psystar
Date: Sun, 22 Feb 2009 14:09:49 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <> writes:

>> In the trademark portion of this case, we will be guided by the 
>> relevant law in the Ninth Circuit, to the extent it can be 
>> discerned, and not require the district court here to follow 
>> conflicting rules, if any, arrived at in other circuits.

>Let me try to explain Rahul. The CAFC is saying the district courts
>are not bound by the CAFC's rulings on any subject matter other than

No. the CAFC is saying that it has an obligation to follow the precedent
in the relevant circuit, so the district court doesn't have to follow
conflicting circuit precedents. In this specific case, there was already
Nintch Circuit law in the area, so the CAFC decided to follow that.

Had there been no Ninth Circuit precedent, the CAFC would have followed
its own precedents if any.  You are taking case law and trying to apply
it in a vacuum.

It would make no sense for the CAFC to issue an advisory opinion.  For
one thing, this would violate the constitution. For another, it would be
a waste of judicial resources.

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