Google asks if Jaffe talked to anyone at Oracle who worked on SE. Jaffe (and Keystone consultants who worked for him) did not.
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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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So now Jaffe is giving his opinion, as an economist, about market harms coming from Android
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Jaffe says that you can make an intelligent business decision not to keep up, because you've already lost, because of free Android.
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Jaffe: Fact that they couldn't make a phone doesn't mean they weren't harmed by their inability to license software to others making phones
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Done with redirect. Witness is excused.
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Jaffe is leaving the stand, has wry look on his face.
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Jury leaves room for a break.
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Time counted by Alsup Google: 867/900 -- 33 mins left Oracle: 873/900 -- 27 mins left Google disputes, Alsup said 775 yesterday for G.
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Alsup is double checking the math.
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Alsup: I can't even do math. This isn't even math, it's arithmetic.
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Lawyer joking suggests asking one of the expert witnesses.
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