Live data from Hacker News

Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

eff.org

11–20 of 170 posts

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#11
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

Why is the average age of the Supreme Court justices relevant ?

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#12
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

It just means the people arguing this case need to explain the technology in a way they can understand it. Age has nothing to do with this.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#13
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

> avg. age ~70

Why is that a problem? It's certainly possible that the judge was an avid home computer enthusiast in the 1980s and knows about tech.

Old age doesn't automatically mean technological incompetence anymore.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#14
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

Why is the average age of the Supreme Court justices relevant ?

How could a group with exceptionally sharp minds who have lived through 7 decades of intense technological and social change possibly have better perspectives than people who have lived through 2?

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#15
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

> avg. age ~70 Why is that a problem? It's certainly possible that the judge was an avid home computer enthusiast in the 1980s and knows about tech. Old age doesn't automatically mean technological incompetence anymore.

Yes, and remember that each justice has an office full of clerks who will typically be in their late 20s and early 30s advising them.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#16
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

> Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this.

Its not a tech matter, its a matter of the application of Copyright law. Its exactly what the Supreme Court exists to do.

> We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts.

Specialized trial or intermediate appellate courts of this type may make some sense (though such a specialized body --whose members are no doubt both drawn from and likely to leave to industry -- runs a particular risk of regulatory capture and becoming a body that reflects very well the interests of the bigger players in the industry), but I don't see any good reason for fragmentation at the top of the judicial branch just because technology, so I don't see any reason that ultimately such issues wouldn't end up with the Supreme Court.

> Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

Specialized juries defeat the purpose of trial by jury -- and, anyway, then you just create a bunch of additional litigation over the boundaries of the "relevant discipline" for each case as each side tries to set the experience qualifications to suit the pool of jurors it thinks will be most favorable.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#17

Earlier quoted context omitted.

Why is the average age of the Supreme Court justices relevant ?

How could a group with exceptionally sharp minds who have lived through 7 decades of intense technological and social change possibly have better perspectives than people who have lived through 2?

They all are EXTREMELY intelligent people! BUT the issues presented can be lost and then we are dependent on the staff of the justices who explain issues and then the bias of the people "educating" the justices have a HUGE influence on the justices.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#18
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

> avg. age ~70 Why is that a problem? It's certainly possible that the judge was an avid home computer enthusiast in the 1980s and knows about tech. Old age doesn't automatically mean technological incompetence anymore.

Nor does youth guarantee technical competence. As a 55 year old developer, I'm particularly sensitive to this kind of blatant ageism.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#19
post #3

Although these issues are very important, something feels wrong about having the Supreme Court justices (avg. age ~70) rule on tech matters like this. We need a new legal system for arbitrating disputes in technical disciplines overseen by a panel of technical experts. Or perhaps a trial by jury where the selection criteria is employment in the relevant discipline for at least 10 years (academia or corporate).

Why is the average age of the Supreme Court justices relevant ?

I agree, the ageism implied by the OP is rather disappointing. I'm relatively young (mid-30's), but the persistent implications that anyone over 40 is technical inept is rather infuriating.

Supreme court justices are (hopefully) legal experts, not technical experts. Having younger supreme court justices doesn't change that _at all_. I don't know of many lawyers that know what an API is.

Re: Computer Scientists Ask Supreme Court to Rule APIs Can’t Be Copyrighted

#20

Earlier quoted context omitted.

> avg. age ~70 Why is that a problem? It's certainly possible that the judge was an avid home computer enthusiast in the 1980s and knows about tech. Old age doesn't automatically mean technological incompetence anymore.

Yes, and remember that each justice has an office full of clerks who will typically be in their late 20s and early 30s advising them.

Very handy to have if they have to tweet or something
Post reply on HN