Alsup: You can adjust the mic. The last guy we had in here was quite tall.
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Google: It's a self-serving hearsay document . . . it doesn't mention the word copyright.
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It doesn't have anything to do with US copyright because it's about Korea (?) apparently it's a C&D.
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Google: More intellectual property rights than copyright. There are patents. There are trademarks.
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Apparently the letter does say "IP rights" but that doesn't mean it references copyright.
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Google: The copyrights at issue have no effects on Korea, your honor.
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Alsup: So... this letter comes first, then Korea says, "GNU," then what happens next? Drink.
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Oracle: Then Sun says, take a license.
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Oracle: This part is important because it says Sun was enforcing its rights. Google: Your honor, there's no mention of copyrights.
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I think Google is right here but Alsup is ruling in favor of Oracle.
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Oracle: Your honor, this goes to the GNU issue. Driiiink.
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GNU responsibly.
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Google: It's confusing the jury on something that happened in 2002 to Korea, it doesn't relate to the copyrights.
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Alsup: Are US copyrights even enforceable in Korea? Oracle: There's a BERNE CONVENTION, your honor? [Yeah]
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Alsup: Is that true? Google: Uhhhh Alsup: You don't know? Well, Ms. Simpson, do you know for sure? Oracle: Yes
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Someone else from Google literally LEAPED UP to rattle off treaty names
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I'm actually squirming in the gallery and wringing my hands a little because the Korea-US Free Trade agreement has been in effect since 2012
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Which, tbf, is prior to this period of time
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I'm now okay you guys the overwhelming impulse to explain has now faded
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But things were getting pretty dicey there for a second
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Felt bad for Google. They had a moment of what lawyers call, "looking like a dingus through no fault of one's own"https://twitter.com/sarahjeong/status/732971648945512449 …
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imagine you're deep in the middle of this US-only software copyright trial and suddenly you have to remember what the berne convention is
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and maybe you missed that one day in copyright law class
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Back to direct examination of Brenner, and Brenner is now describing the South Korean controversy.
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Alsup: Who is that hacking and coughing, and do you want a cough drop? White haired attorney stands up in gallery. "It was me, your honor."
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Alsup: WELL, Mr. Cooper. Mr. Cooper walks over to the bar and gets a cough drop.
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On to cross of Brenner.
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Unlike the cougher from yesterday, Mr. Cooper is actually using his cough drop.
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Can you guess I'm a little bored by cross-exam?
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