On Feb 23, 2012, at 9:32 AM, Francesco Poli wrote:
> Yes, I also appreciate what the EFF did to achieve this result: it may
> turn out being an important precedent…

Being pedantic, 'cause that's what lawyers do … This case isn't precedental in 
any way. Everything happened at the district court level, which would be at 
best "persuasive" (rather than binding) precedent. But, too, there was no 
ruling. The EFF pointed out a gaping hole in Astrolabe's "case," and Astrolabe 
simply withdrew the complaint and promised not to sue again (an agreement 
between the parties, basically, not a binding Order from a competent Court …). 
Kudos to the EFF for getting this kicked quickly and cheaply, but the precedent 
(that they relied on to get the swift death dealt) was set more than 20 years 
ago, in Feist Publications, Inc., v. Rural Telephone Service Co., 499 U.S. 340 
(1991).


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