“Californian appeals court Judge Conrad Rushing has put the public interest above private corporate interest in a verdict that deals a blow to Apple Computer. That’s the good news. The bad news is that the New Age judge, in making the correct decision using such bizarre supporting evidence, he’s handed Apple enough ammunition to overturn the decision, should it wish to pursue the case,” Andrew Orlowski writes for The Register. “Apple has struck gold in finding a techno utopian in a state of rapture. Judge Rushing cites Wikipedia as a source, a mistake which earns students an ‘F’ grade today. He talks about the need to disregard economics and sociology in favor of a ‘memetic marketplace’ – whatever that is – and allows himself some flights of technological rapture.”

“While it may be tempting to think of Asteroid as a mere gizmo for nerds,” [Judge Rushing] writes, “such a device may also be the means by which the next Bob Dylan, Julia Ward Howe, or Chuck D conveys his or her message to the larger world. Music is of course a form of speech, from the stirring hymns of Charles Wesley to the soaring meditations of John Coltrane. Who knows what latter day Woody Guthries may be lifted from obscurity by this new technology, in defiance of the considered judgment of recording executives that once might have condemned them to obscurity?”

“The Supremes will have fun with Conrad, if Apple wishes to pursue the case,” Orlowski writes.

Full article here.

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