Lead counsel Oracle v. Google regarding use of the Java programming
language API in Android. SCO v. Linux
Eben Moglen
- Professor of Law at Columbia
- Free software movement
Marie Henein
- Canadian criminal lawyer
- Bradley Harrison
Alan MacPherson
- American patent attorney
- Clean room defense
Clean Room Defense
Method of developing proprietary material in which team is in an isolated
environment to ensure work is authentic.
Canadian Constitution
- Supreme law of the land
,- Outlines system of government
- Interpretation is called constitutional law
Purpose of Constitution
1. Division of power
2. Creation of courts
3. Charter of rights and freedoms
Division of Power
- Federal v. Provincial authority
- Civil law usually within provincial jurisdiction
- Engineering governed by province
Statutes
Written enactment of legislative authority that commands or prohibits
something, or declares a policy. Must be passed by parliament.
Constitution - Operational Conflict
- Federal statute prevails
- Law within provincial government jurisdiction varies between provinces
- Territories have power assigned by federal, act like provinces
Civil Law
- Governed by legislature
- Collection of written laws which apply to people and judges must follow
, - Still used in Quebec
Common Law
Governed by historical development and body of precedents
Aboriginal and Treaty Rights
Treaty rights set out in treaties entered into by the Crown and a particular
group of Aboriginal people
Canadian Court System
Each province has a superior trial level court and court of appeal: federal
appointed judges
Supreme Court of Canada
Matters of national importance, highest court in Canada
Provincial Court System
- Each province has a lower trial court
- Limited by subject matter, cannot deal with liens
- Criminal Courts
- Small-claims Court
- Limited to 35,000 in BC claims court
- Typically handle criminal and family matters
Creation and Evolution of Law
- Dynamic and evolves over time
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