me listening to this testimonypic.twitter.com/dz1qM7noLk
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Basically Oracle is trying to convince the jury of the labor that goes into creating APIs.
It's nuts, that has nothing to do with fair use OR 102(b).
They just think that if the jury thinks it's hard work, they're more likely to rule in Oracle's favor.
Oracle pointing to an email that Bloch wrote, where he says, "Oooh, you put your hand into the buzz saw."
Oracle: You said that because you understood that using OpenJDK in Android was a verboten topic at Google.
Bloch: I had said that at one point in my life, but on further reflection, I think I misspoke.
Now playing a 2011 depo, where Bloch explains that he wrote that email because the guy had mentioned a "verboten topic."
Oracle [tape]: Why did you think that was a verboten topic? Bloch: [thinking for a while]
Bloch says that the general sense of that they couldn't use GPL code other than the Linux kernel. (Makes sense? It's GPL?)
(Is the jury going to catch that GPL thing?)
Bloch stands by testimony, but clarifies in a "ummm actually" voice that "verboten" wasn't right word, he should have said "controversial"
She's reading a page out of the Java spec where Sun Microsystems gives a license on the inner leaf (didn't catch what was licensed)
Bloch is excused.
Now watching a video of a depo of Donald Smith, who worked at Oracle in 2015.
Google [tape]: Have you ever been deposed before? Smith: I have not. oh boy
oh boooooy
Smith is giving a deposition as a 30(b)(6) witness, meaning he is there to speak on behalf of Oracle.
Google: Do you understand the Java language to include the APIs? Smith: Yes, the APIs are a critical part of the language.
Smith: The APIs are a fundamental part of what makes Java Java, what makes a developer recognize Java.
Google: Do you believe that the Java language and Java APIs are inseparable? Smith: Um...I’m not sure I fully understand the context of that
Google: In other words, can the two be separated for the purposes of what is permissible?
Smith: So, again, as it relates to the specification and the language is it’s defined, no they’re not separable...
Smith: ...they’re all defined together under the same specification.
Google: Is that part of Oracle’s overall business strategy, to encourage people to write in Java programming language?
Smith: Yes, again, a lot of our products are based on Java. …the more that the platform is available, the better it is for us as a business.
Smith says there are 10+ million Java developers in the world, and their business is growing and makes lots of money. This is 2015.
Then the video skips ahead to the afternoon of the deposition. Smith is no longer sounding peppy. He looks a little defeated.
Smith wants to walk back what he said about the APIs. He says he conferred withs someone who ought to know better and he's backpedaling
He says something about the specification I can't quite parse. Then Google asks him about the distinction between Java lang and Java APIs.
Smith: I’m not sure I understand the question.
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