Linked by Thom Holwerda on Tue 18th Dec 2012 14:31 UTC
Legal Lots of news about Apple vs. Samsung (and vice versa) in both the US and Europe today. In the US, judge Koh dealth two blows: one to Samsung (no retrial based on juror misconduct), the other to Apple (no permanent sales ban). In Europe, in the meantime, Samsung announced it will cease all lawsuits injunction requests against Apple... But only in Europe.
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RE[2]: Jury qualifications?
by Thom_Holwerda on Tue 18th Dec 2012 17:22 UTC in reply to "RE: Jury qualifications?"
Thom_Holwerda
Member since:
2005-06-29

Just don't use a jury trial at all. It's a medieval and barbaric practice that has no place in any modern, democratic, just society.

Reply Parent Score: 3

RE[3]: Jury qualifications?
by bowkota on Wed 19th Dec 2012 01:55 in reply to "RE[2]: Jury qualifications?"
bowkota Member since:
2011-10-12

Just don't use a jury trial at all. It's a medieval and barbaric practice that has no place in any modern, democratic, just society.


Errr, the whole the foundation and the logic behind a jury system has everything to do with democratic procedures aiming towards a just outcome.

However, the implementation is certainly archaic especially when it comes to IP law which has become very complex. The average person is not fit for such proceedings as they have little time to get around ideas that people spent an entire college degree learning.

A jury of individuals specialised on the matter at hand might sound reasonable but the problem there is that you're very likely to run into conflict of interest issues.

Reply Parent Score: 3

RE[3]: Jury qualifications?
by M.Onty on Wed 19th Dec 2012 13:06 in reply to "RE[2]: Jury qualifications?"
M.Onty Member since:
2009-10-23

Just don't use a jury trial at all. It's a medieval and barbaric practice that has no place in any modern, democratic, just society.


I know you don't like trial by Jury, but it happens to have been a key component of securing liberties in England and Wales during and after the mediaeval age.

Questions;

1) What role have mediaeval English liberties have had in forming the basis of modern Human Rights acts around the world, including in the English Bill of Rights, the US Constitution, the UN and the EU? Discuss.

2) Would liberties be better protected if "the man on the Clapham omnibus" was removed from proceedings, and his tasks passed to a state appointed representative? Discuss.

Reply Parent Score: 2