Back in court for Day 6 of Oracle v. Google jury trial (Part 2: Electric Boogaloo). Google rested its case yesterday.
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Google says Oracle "hid" this material from discovery for "years and years and years" and that attempt to introduce docs is "outrageous"
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Google: If they wanted to rely on this material, they needed to waive their [attorney-client] privilege during discovery.
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Google also says these are hearsay documents.
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Google: This decision to introduce these materials happened "last night and this morning"
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I'm gathering (and I came in in the middle of this) that these are attorney-client docs related to the Sun acquisition,
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where Sun represents to Oracle their position on whether Google's activities are legal or not.
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Alsup to Oracle: You have succeeded in preventing Google in explaining the Lindholm email
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... but I have prevented him from doing that on the privilege they have asserted.
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Alsup says Oracle is "doing a tricky thing here" and is not going to accept this.
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I don't know what the Lindholm email is, I gather that it was one of the awkward Google emails and that it can be explained if the writer
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explains the privileged legal advice he receives. But Google refuses to waive its privilege.
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BTW the issue here is that once attorney-client privilege is waived in court, the whole damn thing is waived. You can't pick and choose.
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It's a BFD to waive attorney-client privilege, and it's fairly shocking that Oracle wants to do that w/r/t the Sun acquisition.
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Google is right. It's definitely fucking weird (and from their perspective, not okay) that they did not get a head's up on this.
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In trials lawyers are usually trying to be very very careful not to accidentally waive privilege.
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This is a bizarre case! One side is trying to waive privilege on purpose and the judge won't let them (????)
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Alsup says it's "not fair to spring this on them" (Google) at the last minute and is not into this.
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Alsup: What you're showing me has all been cloaked in privilege. Says this should have been disclosed in discovery if they wanted t waive.
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This is a second go in a four, five year litigation, and yet this trial has been unpredictable
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Holy shit, the legal background on the Lindholm email is actually insanehttps://bol.bna.com/perspective-oracle-vs-google-trial-highlights-importance-of-privilege-reviews/ …
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Still fighting over Oracle docs that Google is insisting are privileged + hearsay and can't be used
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Everything is upside down in this case
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Jury coming in. Safra Catz is back on the stand.
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Another stipulation getting read to the jury.
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Oracle: Can you say what Mr. Schwartz said to you [about the battle with Android]? Objection. Overruled, to be admitted for limited purpose
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Catz: Mr. Schwartz said it was an unlicensed fork of Java.
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Catz says that since the acquisition, "hundreds of engineers" have been working on Java to continue to enhance it.
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Le chargement semble prendre du temps.
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