For ppl who don't know what Schwartz looks like, this is what jury is seeing—guy with long hair & glasses, in a suitpic.twitter.com/DwkearMYd4
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Google: *wearily* Well that didn't work with the judge but go ahead
Schwartz explains that two restaurants can both say they serve hamburgers but the actual hamburgers themselves are different
The actual hamburgers are the implementations.
Can't tell what the jury is thinking.
G: During your tenure at Sun, was there ever a time the Java APIs were considered proprietary to some? Schwartz: No, never.
Google: What was the practice at Sun during your tenure with respect to third parties who used the APIs with their own implementations?
Schwartz: We couldn’t stop it. It was fair. They weren’t asking us to put our logo on it, or bless it. [Sun made money licensing Java TM]
Schwartz says that that's what happened with Apache Harmony. Apache Harmony used APIs, wanted to use the logo to indicate Java-compatible
Sun refused because Harmony wouldn't pay them the fees, but did not object to use of APIs.
Schwartz keeps coming close to saying APIs aren't copyrightable and additional jury instruction had to be givenhttps://twitter.com/xor/status/730428645513269248 …
Alsup: Give us 30 second on GNU. Schwartz: There... was a very smart man...
Alsup interrupts as Schwartz tries to explain who RMS is.
Schwartz explains GNU stands for. "GNU is not Unix." Alsup: The G part stands for GNU? Schwartz: Yes. Alsup: That doesn't many any sense
Now Schwartz is explaining free software and keeps getting carried away, Alsup keeps stopping him telling him not to make a speech
Google: Was GNU also using Java APIs? Schwartz: Yes.
Google: What was GNU doing with the Java APIs? Schwartz: They were creating a free, open source version of Java.
Google not being allowed to ask *why* Sun did not interfere with these implementations, because they can't state legal conclusions.
But it's, like, kind of the point. People at the time did not treat the APIs as copyrightable.
Schwartz: I was annoyed, but it was completely consistent with our practices. It was competitive with what we were doing.
Schwartz: We knew that by their creating their own implementation, they would promote it across the world.
Says this would eventually lead to Sun being able to sell more products.
I gotta say, I am *loving* sitting in this courtroom listening to someone testifying about what FOSS is.
Yeah, this is a great way for *me* to spend Wednesday 9 am but I'm the type to get voir dired immediatelyhttps://twitter.com/Ross_Todd/status/730432351365259264 …
15 min break!
Every time Alsup has to say that it's now the law that the APIs are copyrightable, he sounds like he wants to strangle someone
Alsup is not into it, so to balance the scales, he's going to Oracle use an ominious sounding "snippet" that Google hates
IDK what this snippet is
This case! This second trial should not have happened.https://twitter.com/justkelly_ok/status/730436557996326916 …
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