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🎧🧑‍⚖️ 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: cacd.uscourts.gov/sites/defaul

The three people there are 🧑‍⚖️Judge Jospheine Staton, 🧑📜️Michael Williams ('s attorney) and 🧑📜️John A. Schlaff (one of our attorneys).

🧑📜️ Shlaff (our attorney) starts out by saying: “It is our motion, but is their burden. It is not appropriate to bring this before the federal court.”

🧑‍⚖️ Judge Staton asks : “How does this not go *beyond* copyright law?”

🧑‍⚖️ Judge Staton to : “The @FSF's FAQ answers aren't binding on the court.”

🧑‍⚖️ Judge Staton to : “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 :“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?"

🧑📜️Shlaff (our attorney) : “Places where and contract cases co-exist are myriad. … [] has ignored the extra element test.”

🧑‍⚖️Judge Staton concludes with: “I have enough information. Your papers were very good. The matter will be taken under submission and posted to the docket.”

Thanks for following our live microblog of the hearing on our motion to remand in the Software Freedom Conservancy v. 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.

@conservancy keep the info coming! it's been almost 10min with no updates!

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