On Feb 23, 2012, at 9:32 AM, Francesco Poli wrote:
Being pedantic, 'cause that's what lawyers do … This case isn't precedental in any way. Everything happened at the district court level, which would be at best "persuasive" (rather than binding) precedent. But, too, there was no ruling. The EFF pointed out a gaping hole in Astrolabe's "case," and Astrolabe simply withdrew the complaint and promised not to sue again (an agreement between the parties, basically, not a binding Order from a competent Court …). Kudos to the EFF for getting this kicked quickly and cheaply, but the precedent (that they relied on to get the swift death dealt) was set more than 20 years ago, in Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 (1991). |