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Judge dismisses majority of GitHub Copilot copyright claims
(www.developer-tech.com)
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This is an aspect of the German court system that is LEAGUES more sensible than the US - they have certified subject matter experts in a ton of domains that work with courts to help meaningfully inform judicial decisions. The system isn’t perfect (no system is), but it’s a damn sight better than what the US generally does. I'm categorically unable to name a justice or court jurisdiction anywhere in the US that consistently makes well-informed and incisive decisions on anything in the computer hardware / EE or computer science fields.
I am usually not wont to defend the dysfunction presently found in the USA federal (and state-level) judiciary, but I think this comparison to the German courts requires a bit more context. Generally speaking, the USA federal courts and US States adopt the adversarial system, originally following the English practice in both common law and equity. This means the judge takes on a referee role, and a plaintiff and a defendant will make their best, most convincing arguments.
I should clarify that "common law" in this context refers to the criminal matters (akin to public law), and "equity" refers to person-versus-person disputes (akin to private law), such as contracts.
For the adversarial system to work, the plaintiff and defendant need to be sufficiently motivated (and nowadays, well-monied) to put on good arguments, or else they're just wasting the court's time. Hence, there is a requirement (known as "standing") where -- grossly oversimplifying -- the plaintiff must be the person with the most to gain, and the defendant must be the person with the most to lose. They are interested parties who will argue vigorously.
Of course, that's legal fiction, because oftentimes, a defendant might be unable to able to afford excellent legal counsel. Or plaintiffs will half-ass or drag out a lawsuit, so that it's more an annoyance to the opposite party.
In an adversarial system, it is each party's responsibility to obtain subject-matter experts and their opinions to present to the court. The judge is just there to listen and evaluate the evidence -- exception: criminal trials leave the evaluation of evidence to the jury.
Why is the USA like this? For the USA federal courts, it's because it's part of our constitution, in the Case or Controversy Clause. One of the key driving forces for drafters of the USA Constitution was to restrict the powers of government officials and bureaucrats, after seeing the abuses committed during the Colonial Era. The Clause above is meant to constrain the unelected judiciary -- which otherwise has awe-inducing powers such as jailing people, undoing legislation, and assigning wardship or custody of children -- from doing anything unless some controversy actually needed addressing.
With all that history in mind, if the judiciary kept their own in-house subject-matter experts, then that could be viewed as more unelected officials trying to tip the scale in matters of science, medicine, computer science, or any other field. Suddenly, landing a position as the judiciary's go-to expert could have broad reaching impacts, despite no one in the federal judiciary being elected.
In a sense, because of the fear of officials potentially running amok, the USA essentially "privatizes" subject matter experts, to be paid by the plaintiff or defendant, rather than employed by the judiciary. The adversarial system is thus an intentional value judgement, rather than "whoopsie" type of thing that we walked into.
Small note: the federal executive (the US President and all the agencies) do keep subject matter experts, for the limited purpose of implementing regulations (aka secondary legislation). But at least they all report indirectly to the US President, who is term-limited and only stays 4 years at a time.
This system isn't perfect, but it's also not totally insane.
I mean I get what you’re saying on a theoretical level, but all of that breaks down once you fill the judiciary with rank incompetents and political hacks.
You are absolutely correct: this fragile experiment called democracy will not survive if the citizenry becomes ambivalent about its institutions, allowing corrupt officials and other enablers of authoritarianism to take root.
If you are an American and that prospect disturbs you, then you need to help strengthen and guard the institutions that protect the core American values. Nobody owes you a democracy.
For some ideas of what to do, this post by Teri Kanefield has a list of concrete actions that you can take: https://terikanefield.com/things-to-do/
I saw the Chad no-self-upvote move, so here’s mine 🍻
Very much appreciated.