Alright I've got my Chipotle burrito and I'm headed home, but I have a few thoughts on how bizarre this trial is.
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But here's the thing. THE FEDERAL CIRCUIT ALREADY DECIDED THE APIs ARE COPYRIGHTABLE.
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That's not at issue in this trial anymore!
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This is supposed to be a fair use trial and they're relitigating 102(b) issues instead (whether a system can be copyrightable)
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I think it might just be that there isn't much to say on fair use!
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There's no way to REALLY hit the four factors because there isn't a lot of evidence that's relevant to fair use determination on either side
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But like
@danielnazer says, some does go to factor 2 (nature of the work). Still, much of it really focuses on copyrightability issues -
This isn't supposed to be a trial about copyrightability but the jury has got to be wondering about it at this point.
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And especially, especially since Oracle keeps bringing up the nonsensical comparisons to literature and so forth
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Like at some point, you have think, yeah, Google's use of APIs isn't painting or literature, but neither are the APIs to begin with?
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It's almost like Google's case is "It's fair use because they didn't think APIs were copyrightable"
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and Oracle's is "It's not fair use because they DID KNOW the APIs were copyrightable!"
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This. Is. Madness.
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