Quote:
Originally Posted by TimW
No. Not in the slightest. The appeals court wants Apple to focus on the case decided last summer by Judge Cote, specifically concerning any errors made by her in the conduct of the case. Amazon/Hachette is absolutely irrelevant to this case.
Jon? I agree with you. Hyperbole.  |
I disagree, it's quite germane to the case. Certainly, Apple is using it to show that Judge Cote had/has a very faulty understanding of the ramifications of various actions with regards to competition.
Many times, judges will decide on a desired outcome and then look for rationals for that decision, rather than decided a case purely on the legal merits. In other words, they will decide what they think is a fair outcome, and then rationalize that outcome. I suspect this tendency is what Apple is playing on. It will be interesting to see if it works.