Google: How about Bouncy Castle, does that phrase mean anything to you?
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Google: Why did Google develop Android API packages? Bornstein: There wasn't anything like what we wanted to achieve out there in the world
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Bornstein: So we had to write it ourselves.
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Bornstein: Android was this different context for running code in general.
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B: We were looking at this previously existing set of APIs that had been defined, not all of them made sense in the context of a smartphone.
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Bornstein: It was up to me to decide which pieces of that to include in our core libraries.
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I think this is the first piece of testimony I've heard that is at all related to a fair use determination.
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He said it was "too late," their implementation was still in progress but they had really gotten going already.
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Bornstein: A very common thing in our industry is something exists, and someone else takes the ideas as a basis & makes a new implementation
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Cross-examination of Bornstein begins.
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In the grand taxonomy of nerds, I'd place Bornstein in a hybrid class somewhere between a Schwarz and a Bloch
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Oracle is asking about the Cupcake source code. Man, Hurst loves mentioning Android versions by name.
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Looking at the color-coded chart of Android elements. Hurst: Everything above those core libraries depends on those to work, right?
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"Isn't it true that you instructed your contractor that you could not use Classpath code because it was covered by an incompatible license?"
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B says that he was not in a position to be giving legal advice but at the time he believed that was what they were supposed to be doing
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An email is being offered for impeachment.
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Hurst has to read out the bits she wants to impeach him with and the email sent to him has a bunch of typos in it
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She reads it in a readable way, Bornstein is like, "I think you misquoted" and forces her to reread with the typo.
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Bornstein: "Sure, that's what he said, but without the single quotes." AND THEN SHE REREADS AGAIN ADDING THOSE
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lol Bornstein, my man
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Each time she repeats, she sounds more accusatory
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Bornstein: The Harmony train had left the station, we were well on our way to getting it done.
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When Hurst had to reread the email I actually snorted in court

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But also Hurst speaks in this accusatory tone of voice always, I think this is just her voice?https://twitter.com/xor/status/731208746093830144 …
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After a day of crossing Rubin in this voice, I think the jury might be growing inured to it.
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To be fair, it is a *really* good voice for cross, she can get people to just *wilt* under it
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Bornstein tried to explain something and she just snapped, "YES OR NO?" in a booming voice.
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Bornstein: We only knew hearsay about it at the time. *is getting really flustered*
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Oh man, Hurst got to him.
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