I wrote, with regard to aspersions cast by Nathanael on the competence and consistency of judicial opinions in intellectual property arenas:
> I am glad that I do not live in the dystopic fantasy world you > describe, with incompetent judges obsessed by sophomoric deductions > from Plato and easily led by the nose. Most judges are not software > engineers but few are utter fools, and to argue otherwise you're going > to need to adduce real evidence. To my own opinion I will add the testimony before Congressional committee of Hon. Alex Kozinski of the Ninth Circuit with respect to the consistency between published and unpublished dispositions in the Ninth, found at http://notabug.com/kozinski/unpublisheddispositions . Whatever else you may say about the Ninth Circuit, it is indisputable that many complex IP cases come before its benches, and it is highly reassuring to me that interested parties are apparently unable to identify previously unknown conflicts in its record when invited to do so. Cheers, - Michael (And while I'm citing Judge Kozinski and his law clerks, you might enjoy his comments on the "fair use" doctrine at http://notabug.com/kozinski/fairuse . I haven't decided how I feel about the merits of his proposal, but he's certainly thinking about the problem.)
