Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Hyman Rosen]

http://www.jmri.org/k/docket/289.pdf
Selected quotes:
3   THE COURT: HERE'S THE CONCERN I HAVE. AGAIN, I'M
4 TRYING TO COMPLY AS CLOSELY AS POSSIBLE TO THE FEDERAL
5 CIRCUIT'S MANDATE HERE. AND THEY MADE SOME STATEMENTS ABOUT
6 EVEN WHEN YOU'RE DEALING WITH OPEN SOURCE SOFTWARE THE HARM IS
7 X, Y, Z, ALMOST -- IT'S ALMOST LIKE THEY ARE SAYING THE HARM IS
8 PRESUMED WHEN SOMEBODY ADMITS TO INFRINGING OPEN SOURCE
9 HARDWARE -- OPEN SOURCE SOFTWARE, NOT HARDWARE -- SOFTWARE.
10 SO -- AND THEY WERE SAYING THAT, PRESUMABLY, BASED
11 UPON THE RECORD THAT THEY HAD, ALTHOUGH THEY ESSENTIALLY SAID
12 BY REMANDING RATHER THAN DIRECTING ENTRY OF AN INJUNCTION,
13 WHICH THEY COULD HAVE DONE, THAT THEY WANT TO SEE THE FACTUAL
14 RECORD DEVELOP.
15 BUT DOESN'T THE LANGUAGE THAT THEY USE ABOUT THE
16 HARMS THAT FOLLOW FROM INFRINGEMENT OF THIS OPEN SOURCE, OPEN
17 SOURCE LIKE THE GOOD WILL TO THE PUBLISHER AND ALL THAT,
18 DOESN'T THAT TO SOME EXTENT TIE THE COURT'S HANDS?