Hyman Rosen wrote:
> Rjack wrote:
>> If you have to choose between Pamela Jones or the federal
>> courts courts in the real world, your choice is also obvious.
>
> Fortunately, when the JMRI appeals court was faced with an
> open source license, it upheld it. So now I don't have to
> choose, because they agree with each other.
1) A blog without copyright authority -- Groklaw.
2) A court without copyright authority -- to wit:
"[In} Bandag, Inc. v. Al Bolser's Tire Stores, Inc., 750 F.2d 903,
at 909 (Fed.Cir.1984), this court said:
"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 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 asto 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)."
They certainly share some interesting traits.
Sincerely,
Rjack :)
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