Factor 3: * "uhhhh Google hasn't shown any evidence"
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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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Bornstein is released. He's left the courtroom.
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Now we're reading a stipulation that Sun was acquired by Oracle and Sun is now Oracle America, Inc.
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Now watching a Jan 2016 depo of Oracle employee, I believe Henrik Stahl ?
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Stahl sent an email that "We have no solution for smartphones."
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I believe the next few witnesses are all depo videos going towards how Oracle failed in the smartphone market.
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Oracle casts Google as thieves, Google casts Oracle as sore losers
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Google [on tape]: Has Oracle ever had a product that can compete in the smartphone market. Stahl: As far as I'm aware, no.
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Google asks if Oracle has continued to make efforts to invest in product for this market. Stahl says no
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Stahl's tl;dr I think is that the window has passed for that.
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Google presents him an email he wrote, where he says: "Java as a mobile platform is not competitive."
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Stahl says at the time (April 2012) the current set of technologies for mobile was not competitive at market
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Google: Oracle did not provide a solution that could be used in the more modern, feature-rich phones?
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Stahl says that "when the hardware moved forward," Java ME (which was for feature phones) was no longer as relevant
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In a PPT Stahl created, he referred to Java ME as "Old technology stack"
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Oracle tried to "take the APIs, modernize them, and make them work, not only for ME but SE" but ultimately did not put out a product
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Now skipping ahead to another depo —— March 31, 2016. Oof, recent.
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Here, Google gets Stahl to say that the iPhone is positive for the market as a whole.
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Stahl: I generally believe that competing products in the market, varying innovation in the market, actually help …
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Google: Do you believe that the existence of Android is a positive for the mobile phone market as a whole? Stahl: ...................yes.
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