[d@DCC] Sony vs Universal and courts.
cmacd at achilles.net
Sat Aug 21 11:37:41 EDT 2004
> As I understand US law (which admittedly leaves a lot to be desired),
> doesn't this kind of disagreement between circuit courts imply that
> at some point the Supreme Court will agree to hear a case to resolve
> the disagreement ?
The concept is common to any legal system that inherits from British Law.
A given court has to follow its own interpretations or those of courts
higher up, or DISTINGUISH the facts so that they don't fit those earlier
In the case you cite, a different district (same level of court) has
made a different interpretation, and so the court is distancing itself
and following it's own precedent.
Now if the supreme court were to hear a case, and if the facts were
similar, and the precedents from one or both cases were to fit those
facts, whatever the Supreme court rules would be binding on all the
IF the two courts had come to the same conclusion, the first would have
cited the second as an additional authority.
Many cases establish tests like " probability of non-infringing use"
which can be weighted. In this one it seems that the district court is
uncomfortable with that sort of a test.
Charles MacDonald Stittsville Ontario
cmacd at achilles.net Just Beyond the Fringe
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