🎧🧑⚖️ Listen in now! The hearing on our Motion to Remand in Software Freedom Conservancy v. Vizio is starting right now. Follow this thread for our play-by-play. Dial-in info to hear it yourself: https://cacd.uscourts.gov/sites/default/files/documents/JLS/MC/c8de6095-b902-4d6d-a39a-ad0a059b46e2.pdf
The three people there are 🧑⚖️Judge Jospheine Staton, 🧑📜️Michael Williams (#Vizio's attorney) and 🧑📜️John A. Schlaff (one of our attorneys).
🧑⚖️ Judge Staton to #Vizio: “If there is a third-party beneficiary under this contract, how would that third party ever enforce the right to receive source code that's provided for in the agreement? That would be for the State court to decide, right?”
🧑⚖️Judge Staton asks #Vizio:“As Plaintiff [SFC] points out, the right they seek is greater distribution. IWO: what is typically protected under copyright,and in their view…it's to benefit them [SFC] as third-parties to the contract,so they *can't* bring it as a copyright claim the nature of the claim is contrary to exclusive rights under the copyright. Are you saying that because the copyright holder has linked it to distribution, it means ‘that's it’, they can't meet an extra element?"
Thanks for following our live microblog of the hearing on our motion to remand in the Software Freedom Conservancy v. #Vizio case. It's sometimes difficult to get transcripts from the Court on motion hearings, but we'll try our best and post it to our website if we can get it.
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