Re: Borland Appeal

From: John R Levine <johnl[_at_]iecc.com>
Date: Sun, 10 Apr 94 15:31 EDT

>What difference does it make? Borland sold off the Quattro product
>to Novell a couple of weeks ago.

I would presume that the decision would be as binding on Novell as it was on Borland.

The appeal is interesting because the decision being appealed was by Judge Keeton, the same judge who decided Lotus vs. Paperback, and who has been using a very broad interpretation of copyright that seems (to me, and I believe to many other observers) way out of line with both congressional intent and with the decisions of other courts.

Keeton will never reverse himself, both because it would be embarrassing and because there's no legal requirement for him to do so unless there's a different precedent from a higher court. So for all of us who live in the First Circuit (New England and Puerto Rico, roughly) it'll be interesting to hear whether the appeals court seems more sympathetic to Keeton or to the recent California decisions that construe software copyright much more narrowly.

Regards,
John Levine, johnl[_at_]iecc.com, jlevine[_at_]delphi.com, 1037498[_at_]mcimail.com Received on Sun Apr 10 1994 - 19:32:02 GMT

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