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"It doesn't seem like this is a case where they could expand it—that would involve overturning precedent." Which precedent would that be?
by binarybits 15y ago
"It doesn't seem like this is a case where they could expand it—that would involve overturning precedent."
Which precedent would that be?
- shadowfiend 15y agoThat's precisely my point, it doesn't seem like there is precedent. For it to be an expansion, there would have to be a precedent that limits it that they'd be overturning. Otherwise, they're just confirming where the “edges” are.
- foenix 15y agoExactly, that's why it reached the supreme court. The US has a COMMON LAW system. That means that this case will be applied to further cases in order to determine what the common punishment should be. The supreme court sets supreme precedent.
- binarybits 15y agoSo everything is patentable and it's judicial activism for the Supreme Court to rule that something is unpatentable? Why do you assume it works that way and not the other way around?
- shadowfiend 15y agoAt no point have I used the word judicial activism, nor will you ever hear me use it, since judicial activism is code for "judges doing their job". They can, if they see it in the law, set limits on patents. If there is nothing in the law supporting such limits, they would be hard pressed to add them randomly. I was, unfortunately, being a bit pedantic earlier and nitpicking your terminology (expanding vs actually interpreting some initial limits) instead of debating your actual point; I apologize for that.