Why You Need to Fear the Oracle vs Google Case
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Major US copyright and programming law is at stake and allowing a jury of non-peers to determine how code is protected is a major problem.
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It's funny you should say "jury of non-peers." With a bit of different things in the news lately, and a few TV shows, I've been thinking that our justice system's use of "jury of peers" is probably broken.
My peers are other people with similar levels of education, life experiences and job experiences. In cases like the one in the OP, a jury of peers could really only be programmers who understand coding.
So - how far off base am I?
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@Dashrender But the lawyers who are bringing this case, will do everything in their power to not allow programmers into the jury. They'll say "Thank you, you're free to go"
They wouldn't allow an educated in the subject matter person be on the jury as it ruins their chances of winning the suit.
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@Dashrender said in Why You Need to Fear the Oracle vs Google Case:
It's funny you should say "jury of non-peers." With a bit of different things in the news lately, and a few TV shows, I've been thinking that our justice system's use of "jury of peers" is probably broken.
My peers are other people with similar levels of education, life experiences and job experiences. In cases like the one in the OP, a jury of peers could really only be programmers who understand coding.
So - how far off base am I?
That's exactly my thought. We are asking people who are in no way peers to the situation to judge people who do things that they do not understand. The original idea of peers was... peers. The peerage is a level of nobility in British society and implies a level of education and obligation. The American jury peers system actually does the opposite, instead of asking the highly educated and wealthy to oversee, they often self select the poorest and least educated as those of high mobility are rarely eligible for juries.
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@DustinB3403 said in Why You Need to Fear the Oracle vs Google Case:
@Dashrender But the lawyers who are bringing this case, will do everything in their power to not allow programmers into the jury. They'll say "Thank you, you're free to go"
They wouldn't allow an educated in the subject matter person be on the jury as it ruins their chances of winning the suit.
Also a problem, intentionally disallowing peers.
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@DustinB3403 said in Why You Need to Fear the Oracle vs Google Case:
@Dashrender But the lawyers who are bringing this case, will do everything in their power to not allow programmers into the jury. They'll say "Thank you, you're free to go"
They wouldn't allow an educated in the subject matter person be on the jury as it ruins their chances of winning the suit.
I understand that's how it works today - but I can't imagine, and Scott's already comment that it (I think) wasn't intended that way, that it was intended that way by our forefathers.
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@Dashrender said in Why You Need to Fear the Oracle vs Google Case:
@DustinB3403 said in Why You Need to Fear the Oracle vs Google Case:
@Dashrender But the lawyers who are bringing this case, will do everything in their power to not allow programmers into the jury. They'll say "Thank you, you're free to go"
They wouldn't allow an educated in the subject matter person be on the jury as it ruins their chances of winning the suit.
I understand that's how it works today - but I can't imagine, and Scott's already comment that it (I think) wasn't intended that way, that it was intended that way by our forefathers.
/agree
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@Dashrender said in Why You Need to Fear the Oracle vs Google Case:
@DustinB3403 said in Why You Need to Fear the Oracle vs Google Case:
@Dashrender But the lawyers who are bringing this case, will do everything in their power to not allow programmers into the jury. They'll say "Thank you, you're free to go"
They wouldn't allow an educated in the subject matter person be on the jury as it ruins their chances of winning the suit.
I understand that's how it works today - but I can't imagine, and Scott's already comment that it (I think) wasn't intended that way, that it was intended that way by our forefathers.
Right, the terminology of "peers" has been misused. It's not juries of our peers in nearly any cases.
