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Re: Tom Tom and Microsofts Linux patent lock-down ..

From: Rahul Dhesi
Subject: Re: Tom Tom and Microsofts Linux patent lock-down ..
Date: Sat, 4 Apr 2009 16:37:25 +0000 (UTC)
User-agent: nn/6.7.0

Rjack <> writes:

>The CAFC's copyright decisions are utterly irrelevant to U.S.
>copyright law. The fact that "the CAFC ignored it's own precedent"
>simply demonstrates your confused mind since the CAFC has no
>copyright law precedent.

Rjack is assuming that stare decisi applies only to binding precedents.
But actually, stare decisis refers to a much broader principle that
essentially says that the law ought to be stable and predictable.  In
this broaer sense, stare decisis will make the CAFC's ruling persuasive
to and, as a practical matter, essentially binding upon, every other
court in the US. Courts will rule differently from the CAFC only if they
see the CAFC's ruling as somehow grossly erroneous.

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