Re: RTC & Whyte; Was: Sun sues MS

On 10/13/97, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> I have practiced before Whyte, and I think he is both very bright and
> very IP-savvy (even when he ruled against me!). I also think his
> decision in RTC v. Netcom is the best Internet copyright decision in
> print.

     <Standard Disclaimer> Well, I *said* YMMV, and apparently yours does.

     I am glad to hear a report on Whyte less biased than the ones I have been subjected too. It does seem however that he has been extraordinarily lenient with RTC's abusive discovery, perhaps because he doesn't care for the attitude of a couple of defendants that he considers less than awed by the imperial might of the United States and the Church of Scientology. And he seems to spend a lot of time refereeing whining. He has also made a couple of comments on the record that tend to show that RTC's whining is biasing him.

     He got Netcom out before I started following the cases, and I agree with you, it was a good decision.

Doug Johnson
<djohnson[_at_]netside.net> Received on Mon Oct 13 1997 - 23:31:32 GMT