Justices grant four new cases - (UCMJ rape statute of limitations, Intellectual Property and Armed Career Criminal Act)

[Safiel]

Justices grant four new cases - SCOTUSblog

https://www.supremecourt.gov/orders/courtorders/111519zr_8n59.pdf (Today’s 11/15/19 Supreme Court Order List)

Google LLC v. Oracle America Inc. - SCOTUSblog

Issues : (1) Whether copyright protection extends to a software interface; and (2) whether, as the jury found, the petitioner’s use of a software interface in the context of creating a new computer program constitutes fair use.

Any interesting and important IP case. I don’t have a clue as to how it will turn out, but will be highly consequential either way. This case came up from the Federal Circuit.

The next two cases are consolidated:

United States v. Briggs - SCOTUSblog

Issue : Whether the U.S. Court of Appeals for the Armed Forces erred in concluding – contrary to its own longstanding precedent – that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.

United States v. Collins - SCOTUSblog

Issue : Whether the U.S. Court of Appeals for the Armed Forces erred in concluding – contrary to its own longstanding precedent – that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.

Both the above cases deal with the statute of limitations provision that used to exist in the UCMJ for rape. Again, I can’t really say how the Justices will rule on these cases. Both these cases came up from the United States Court of Appeals for the Armed Forces.

Walker v. United States - SCOTUSblog

Issue : Whether a criminal offense that can be committed with a mens rea of recklessness can qualify as a “violent felony” under the Armed Career Criminal Act.

Issue as restated by the United States in its opposing brief : Whether the Texas offense of robbery resulting in bodily injury, in violation of Tex. Penal Code Ann. § 29.02(a)(1) (West 1974), is a violent felony under the Armed Career Criminal Act, 18 U.S.C. 924(e).

And again, not sure how the Justices will rule here. They have taken a number of cases under the Armed Career Criminal Act in the last few terms, attempting to hammer out a reasonable interpretation of the act. This case came up from the Sixth Circuit.

[SixFoot]

@Safiel, would that IP case extend to say, creating a platform on Windows?

[Safiel]

@SixFoot

@Safiel, would that IP case extend to say, creating a platform on Windows?

Not certain, though I would imagine it probably would.

[SixFoot]

That was terribly worded on my part. Let me try again:

Depending on how this ruling goes, if I compiled a program in C using the Windows command line, does that mean they could have a monetary claim to the sale and distribution of said program?

[Safiel]

I don’t think they would have a personal claim against you.

[SixFoot]

Who would this type of ruling affect?

[Safiel]

This is most likely to effect big corporations the most, the ones that deal heavily in IP.

[Smyrna]

@Safiel

Whether the U.S. Court of Appeals for the Armed Forces erred in concluding – contrary to its own longstanding precedent – that the Uniform Code of Military Justice allows prosecution of a rape that occurred between 1986 and 2006 only if it was discovered and charged within five years.

I wonder what Justice Kavanaugh will decide regarding this?

[daha]

@SixFoot

Depending on how this ruling goes, if I compiled a program in C using the Windows command line, does that mean they could have a monetary claim to the sale and distribution of said program?

This case is irrelevant to both use of the C language and use of the Windows command prompt. The code you write in C could indeed fall afoul of this if you use third-party APIs, but your question provides insufficient detail to answer properly.