Wednesday, September 23, 2009

7. Dissent

7. Dissent
The case was decided with a 7 to 1 majority in favor of Microsoft. The judge that dissented was Justice Stevens.Here is what he had to say:

I disagree with the Court's suggestion that because
software is analogous to an abstract set of instructions, it
cannot be regarded as a "component" within the meaning
of §271(f).Whether attached or de-
tached from any medium, software plainly satisfies the
dictionary definition of that word.'Component' is commonly defined as `a
constituent part,' `element,' or `ingredient'. And unlike a
blueprint that merely instructs a user how to do something, software actually causes infringing conduct to occur.

A master disk is the functional equivalent of a warehouse of components ... that Microsoft fully expects to be incorporated into foreign-manufactured computers.

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=05-1056

http://www.pdfdownload.org/pdf2html/pdf2html.php?url=http%3A%2F%2Fwww.supremecourtus.gov%2Fopinions%2F06pdf%2F05-1056.pdf&images=yes

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