Jaffe acknowledges tersely.
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Google: Even though you knew the copyrighted work was Java SE, you didn’t talk to the Java SE managers?
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Google asks about the tipping point opinion. Google: You didn't even know what implementing code was, at the time you formed your opinion?
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Google asks if his tipping point analysis / opinion was formed by himself or by someone else. Jaffe says "both"
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Says he relied on technical experts to some extent and that "as an economist" he can understand that. . . . . .
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Google: You said this is a very hard market to predict anything in, right? Jaffe: Yes. Google: You said it was [nearly?] impossible? [Yes]
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Google: And you think that the iPhone is revolutionary and a market break-through? Jaffe: I think many people think that.
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Google: But do you? Jaffe: Yes. Google: And they did that without using Java at all. Jaffe: Yes.
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Your honor, in our defense, our client's phones are trash too
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Van Nest now rattling off all the kinds of hardware that Android can run on, including Blackberry and Windows phones.
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Jaffe acknowledges they all run Android.
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Google: And Google Ads is also a successful technology. Jaffe is like ????? but agrees Google: And that's separate from search or Android
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Google points to Android revenue slide that includes ad revenue, demands to know why ad revenue is included
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Jaffe defends his decision, distinguishes from Google Ads in general (seems like an acceptable explanation)
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Google rolls forward but dramatic momentum not nearly as tense as before
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Casting doubt on estimate of how much Google profited from Androidhttps://twitter.com/gortok/status/733321158163103744 …
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Google throws up jury instructions on screen, questions Jaffe on how the existence of a licensing market is relevant to fair use.
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Jaffe: I think the licensing program is important [to determining fair use].
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Google *extremely slowly*: Fair use is a legal doctrine that applies whether or not the owner licenses the work.
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Jaffe: *pause* I believe I've acknowledged that that three or four times now.
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Google: *cheerily* Okay! Throws up his report on the screen where he says something about licensing / fair use
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(it's gone now, I didn't get a chance to read it)
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For safety reasons, I cannot condone this drinking gamehttps://twitter.com/nilixblue/status/733322159817424896 …
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Sun statement in 2008 (10-K report) expresses a "strong commitment in open interfaces" Google: That includes APIs, right?
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Jaffe: Uhhhhhh
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Google: As in Application. Programming. Interfaces.
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Google asks if Sun knew whether this would impact their bottom line. Jaffe waffles. Google pulls up another part of SAME DOC
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Where Sun says that openness will affect their revenue.
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Google has nothing further, we're on to redirect.
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Oracle brings up the depo of Larry Ellison.
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The depo says that it's hard to make money if you're giving away stuff for free.
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