Re: Zoli Erdos: "Internal Email on Why a Software Company Migrates Away from MySQL"

[RJack]

On 11/5/2010 1:27 PM, Hyman Rosen wrote:
> On 11/5/2010 1:22 PM, RJack wrote:
> > GPL cranks have been predicting the proprietary licensing model's
> > demise forever. Guess who's winning.
>
> You are correct that it is crankish to believe that proprietary
> licensing is generally endangered by the GPL.
>
> > Stay tuned to the SFC v. Best Buy litigation schedule
>
> Yawn. We'll see. I remember how you got all excited by the District
> Court's ruling in the JMRI case before you were slapped down by the
> CAFC. Here we don't even have that yet.

The CAFC is toothless in copyright matters:

"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.

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)

The Second Circuit is a *real* copyright precedent setting appellate
court. Stay tuned to the SFC v. Best Buy litigation schedule.

Sincerely,
RJack :)