Google introduces a depo where a 30b6 witness for Oracle says the (uncopyrightable) Java language is not separable from its APIs.
-
-
and Oracle's is "It's not fair use because they DID KNOW the APIs were copyrightable!"
-
This. Is. Madness.
-
This may explain Oracle's curious demand to suppress description of previous proceedings from jury in instructions...
-
ie., Strategy: re-prove what FedCir already found (copyrightability) & jury will leap right past fair use to infringement.
-
it cuts both ways, both Google and Oracle don't want that told to the jury
-
but yeah, that must be what Oracle is thinking
-
agreed it cuts both ways, but if I were P counsel I wouldn't want jury going into delibs thinking I just wasted 900min
-
lol yeah, and that must be one of the reasons for the brief that got really aggressive with Alsup over the issue.
Fin de la conversation
Nouvelle conversation -
-
-
Big issue: who bears burden of proof on fair use; 9th Cir has rejected affirmative defense BOP on defendant; yet Alsup sd G has
-
is this an appealable issue?
-
yes, who bears the burden of proof is an appealable issue, but G must raise the issue at the trial court level; did they?
-
I'm not sure! I'll have to go back through the docket and see — always a pain, b/c the docket is now at about 1900 entries
Fin de la conversation
Nouvelle conversation -
Le chargement semble prendre du temps.
Twitter est peut-être en surcapacité ou rencontre momentanément un incident. Réessayez ou rendez-vous sur la page Twitter Status pour plus d'informations.