@btilly In district court, the jury identified copyright infringement, was hung on fair use (which means that this would have to be determined by a new jury if the relevant code is found copyrightable), and the judge overruled the jury to the effect that the court additionally ruled that certain test files I had published in January 2011 were indeed infringed. The key thing that was missing was copyrightability. You're right that the appeals court might affirm the district judge's ruling, but we'll know in early 2014 what comes out of this. The decision at the appeals court will be made by a panel of three judges, which is quite different from a decision made by just one person.