Rubin says Java wasn't necessary to the success of Android. It was just "one of the accelerants."
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Meanwhile, the founder of Android continues to testify
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We're looking at a PowerPoint about a potential Google/Sun collaboration to bring a platform to Sprint.
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Why did the negotiations fall apart? Rubin says his sense is that "It was hard for Sun to do open source with Java"
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Engineers were working on the Android implementation entire time Rubin was in negotiations, so if negotiations failed he'd have something
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Rubin: "I'd liken a virtual machine to a record player... if a developer writes an Angry Bird app, the virtual machine plays the app"
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(The implementation was a "clean room" implementation)
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Seems like it would have been preferable to have the Sun implementation, hence the "we need half an ass" email from yesterday
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There is a very complicated color coded chart right now that explains constitutive elements Android starting with Linux kernel

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"Finally, there are the apps themselves. This is where you would find Angry Birds."
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enough with the goddamn angry birds
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now we're talking about how Linux kernel is covered under GPL. This day has been very FOSS heavy
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Jury done for the day.
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Hahahaha Alsup just basically invented a board game rule
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Suggests if a party discloses 2x+30 documents for cross examination where x is the number used for direct, must be disclosed 8 hrs earlier
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Since his week is almost over, Van Nest says he doesn't want this new rule since it will only burden him going forward.
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Alsup jokes that it would be a good thing to burden him, and that he shouldn't have complained in the first place.
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Says he lost sleep coming up with the rule (not sure whether that was a joke)
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Alsup says he wants the jury to know how much the experts are being paid. "Somewhere in the millions of $ by now, it will shock the jury."
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Alsup challenges whether this custom & practice of allowing 3d party implementations and only licensing the TM exists,
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if there's no trace of it in, say, an article.
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Google says it was such a well settled custom / practice it was exactly the kind of thing no one talks about. Alsup outright laughs
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Oracle seizes on the opportunity to suggest that the specification license was a IP license, but Alsup strikes back demanding to know
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where it says that declarations cannot be copied.
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Google is referring to the specification license, says that the wording indicates the authors separated declarations from the "source code"
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and that the authors of the spec license believed the APIs were not copyrightable, "regardless of what the Federal Circuit said years later"
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Alsup groans, "I don't know about that," like they're rubbing salt into his wounds
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Alsup wants the parties to "come clean" to the jury that there was already a previous trial. Says it could harm both parties but they should
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"If they understand the truth, it will not prejudice anyone. But if they don't, it will lead to speculation"
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That's all for today!
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