Underlying this issue is that the judicial system (or the patent system, or the political system) is not populated with enough individuals possessing software engineering "common sense."
It is highly likely that this is not confined to just software, I'm sure other engineering or complex disciplines feel the same way about their discipline.
How do we have experts inform these decisions without falling into the trap of lobbying where the rich control the political and legal sphere?
Anyway, I cede you the point that the US law does not match my "common sense" esp around this 3rd party rule mentioned in other comments. It kind of sucks that US "winning the internet" means that even non-US citizens are subject to US law in this regard.
nradov
The judicial system is supposed to apply the law, not "common sense". How could it be otherwise? If you don't like the law then take that up with the legislative branch.
It is highly likely that this is not confined to just software, I'm sure other engineering or complex disciplines feel the same way about their discipline.
How do we have experts inform these decisions without falling into the trap of lobbying where the rich control the political and legal sphere?
Anyway, I cede you the point that the US law does not match my "common sense" esp around this 3rd party rule mentioned in other comments. It kind of sucks that US "winning the internet" means that even non-US citizens are subject to US law in this regard.