The statement has been printed out on pieces of paper and jury is poring over it intently in the box. They're not allowed to keep the copies
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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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man, talk about unreasonable trademark paranoia clapping the fuck back
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let this be a lesson to in-house counsel: being an unreasonable wanker over trademark can disastrously backfire
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Bornstein says they were scrubbing many different words, including literal bad words, because the code was going to be open sourced.
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Bornstein: This was code that was going out to be visible to the world. The f-word and the s-word are generally considered… not professional
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Redirect over. Oracle has requested a sidebar. (That means lawyers from both sides talk with the judge out of earshot of the jury)
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Oracle: You said in your e-mail HUGE CAVEAT: I AM NOT A LAWYER. But you also said "the lawyer-advised consensus is..."
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Oracle: You say you scrubbed the j-word... but we don't have that code anymore, right? Bornstein stammers and tries to explain git
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Oracle: Do you remember scrubbing the word license? After some awkward back-and-forth, Bornstein says doesn't remember scrubbing "license."
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