[License-discuss] IP licensing: Specific performance (or damages) vs. Infringement - algorithm for (C++) programmers

[VanL]

Alexander, McCoy,

I stand corrected.

On Fri, Jul 26, 2019 at 11:25 AM Smith, McCoy <mccoy.smith at intel.com> wrote:

> Whether or not specific performance vs damage is an “important question”
> in open source, I question, but it would probably be more useful to the
> list if those issues were tied to a particular open source license or
> pending case, or at least cases from the current – or preceding – century.
>

I would echo this point then.

Respectfully, to Alexander: You are finding a lot of cases discussing
various points, but quoting the full text of the cases, and especially very
old cases, without tying it to current licenses or current jurisprudence,
ends up being less helpful to me in evaluating the strength of your
argument. I also note that you denigrate certain cases, for example your
recent discussion of Jacobsen v. Katzer. I am sure you will find many
people on this (and other) lists that are not fond of individual decisions,
but from a practical perspective we must work with what we have. Thus
dismissing such a decision out of hand again is less helpful, because it
doesn't relate to how a practicing lawyer or judge would actually evaluate
the state of the law.

Thanks,
Van
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