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Gray areas in software licensing

Gray areas in software licensing

Posted Feb 20, 2012 3:02 UTC (Mon) by ghane (subscriber, #1805)
In reply to: Gray areas in software licensing by dwmw2
Parent article: Gray areas in software licensing

I have worked (in corporate cases) with legal counsel from large firms. The best we can get is between:

  • It would be hard to defend this in proceedings
  • I would be surprised if we even had to defend this
I have seen enough written arguments which start a paragraph with: "It is settled law ...", and then seen next week the defendants reply which shows it isn't settled at all, in fact this is one of the greatest constitutional issues of all time.

I have sympathy for lawyers who get blamed for dragging cases into appeal. In my experience, it is usually the clients who see this as a matter of principle. Lawyers tend to point out: Although anything is possible, I do not see our chances of prevailing as significant. However, if you will instruct so, I will file the appeal.

The law is what a Judge says it is. Even if he is an idiot, or drunk, or corrupt, you can appeal, but it is still only a Judge who decides what the law is.

There is no certainty in litigation. No more than there is in boxing (another arena where 50% of participants lose (and after the obligatory swagger)).

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