So, some stuff about covering Oracle v. Google next week….
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Alsup lets Google go first because they have burden of proof.
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Google says: - Sun gave away Java - Sun gave API declarations away for free and people competed on implementations
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Google: It’s like a menu, everyone can work off the same menu, but you have to make your own hamburgers.
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Google: *holds up literal paper representing declaring code* From my file cabinet, which is resting downstairs, these are the declarations
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Google points to emails from Sun encouraging Android. "That went on for years"—it wasn't just a single blogpost
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Google says emails where Google ppl say they need a license are from 05 and 06 when they were trying to get hands on Sun implementing code
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Google says when those negotiations fell apart, that's when they used the declarations and wrote their own implementation.
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Google: "Nobody owns the APIs, the declarations"
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Alsup stops Google. Van Nest: Can I have one more minute? Alsup: You can have half a minute.
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Alsup says today a witness will be testifying as to the transformative nature of Google's use of the APIs.
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Oracle turns on a slick powerpoint. No filing cabinet for them.
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Full of quotes from the damning emails. “beyond out of time" alternatives “all suck" APIs “are copyrighted" needed “ a critical license"
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own APIs were “half-ass at best" save “a crazy amount of time" “decision is final" “making enemies along the way"
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And my fave: “don’t demonstrate to Sun employees or lawyers"
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Now going into the fair use factors one by one, and of course Oracle says that each cuts against Google
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Factor one: * Use was commercial * Use was not transformative, worked in a space that Sun already was in
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Factor 2: * The copyrighted work (the APIs) are extremely creative, points to Bloch's words about APIs being "beautiful" and "creative"
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Factor 3: * "uhhhh Google hasn't shown any evidence"
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Factor 4: * "Taking someone's property without permission causes harm" * Android revenues * Sun at risk of being submarined
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Oracle: Open Source =/= Open & Free
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Bornstein is back on the stand, it's redirect time.
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Google wants to ask about OpenJDK and why Google didn't want to use the source code from OpenJDK
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A Google witness finally admits IANALhttps://twitter.com/xor/status/732230525541175296 …
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Last week we finished up cross after Oracle presented an embarrassing email where Bornstein opines on GNU Classpath exception
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Google returns to the email on redirect and points out that it says, in all-caps: HUGE CAVEAT I AM NOT A LAWYER
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Also says, "I am not a lawyer, and I am not interested in claiming any legal analysis I do is sound"
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Looks like they moved it downstairs over the weekendhttps://twitter.com/mosheroperandi/status/732231269786869761 …
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Oracle objects to a Google question. Oracle: Argumentative, your honor. Alsup: Doesn't sound argumentative to me. But sustains on leading.
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Bornstein being questioned on "scrub the j-word" emails.
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Bornstein says he was worried about trademark law. "We wanted to be conservative about how we used that term"
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