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Re: libdts patent issue?



I wrote, with regard to aspersions cast by Nathanael on the competence
and consistency of judicial opinions in intellectual property arenas:

> I am glad that I do not live in the dystopic fantasy world you
> describe, with incompetent judges obsessed by sophomoric deductions
> from Plato and easily led by the nose.  Most judges are not software
> engineers but few are utter fools, and to argue otherwise you're going
> to need to adduce real evidence.

To my own opinion I will add the testimony before Congressional
committee of Hon. Alex Kozinski of the Ninth Circuit with respect to
the consistency between published and unpublished dispositions in the
Ninth, found at http://notabug.com/kozinski/unpublisheddispositions . 
Whatever else you may say about the Ninth Circuit, it is indisputable
that many complex IP cases come before its benches, and it is highly
reassuring to me that interested parties are apparently unable to
identify previously unknown conflicts in its record when invited to do
so.

Cheers,
- Michael

(And while I'm citing Judge Kozinski and his law clerks, you might
enjoy his comments on the "fair use" doctrine at
http://notabug.com/kozinski/fairuse .  I haven't decided how I feel
about the merits of his proposal, but he's certainly thinking about
the problem.)



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