Here's the verdict form. I'll see about getting jury instruction uploaded somewhere.pic.twitter.com/1nucC8WL2s
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Google runs through the witnesses they brought— Schmidt, Schwartz, Rubin, Bloch, etc.
Google: I think it’s fair to say that the testimony of these folks is very clear, very consistent, and largely unchallenged by Oracle.
Google emphasizes that Sun made Java free and open to use, and encouraged widespread use of Java.
I know this seems obvious to you guys, but keep in mind that Oracle did not want the instructions to say "free."
Google: The evidence was that not only Mr. Schwartz, but everyone else at Sun, supported Android.
"It wasn’t until later that Mr. Ellison changed his mind."
"It was after he had tried to use Java to build his own smartphone and failed to do it."
Van Nest says that "not only was it a fair use," the use was consistent with Sun's policies and caused no market harm.
Like I've thought: Google is mounting a damages case inside of a shell of a fair use case.
"Android is exactly the kind of thing the fair use doctrine was supposed to protect."
"Android engineers used... in less than one half of one percent of the code"
We're now going into the fair use factors, but Van Ness says, "Those factors are not exclusive."
"Fair use is meant to promote innovation and change." Van Nest says jurors can take into account any factors w/r/t the purpose of fair use.
"Android is not a substitute for Java. ... It's not like Java SE, it's not like Java ME."
* "Sun developed the Java programming language and made it free for all to use."
I should add that owning an Android phone does not bias me towards Google.https://twitter.com/sarahjeong/status/734760121285238785 …
If anything I have to work to not let my shit phone sway my feelings here
Van Nest is going through Eric Schmidt's electric plug/outlet API analogy.
The API is the interface-- the outlet. The implementation is sun power, wind power, etc.
Van Nest now going through Schwartz's analogy. "His was hamburgers for breakfast, remember?" lol
Van Nest points out that even though Oracle tried to attack Schwartz for being a bad CEO, "Sun IS Oracle."
Now going through Phipps's writings on the official Sun website—FAQs aimed at the FOSS dev community.
Sun said they supported open interfaces, and that's consistent with Schmidt and Schwartz testimonies.
Going through Oracle testimony — live testimony here and depos — about how APIs are critical to the java language.
Slide says: "Sun's Business Model: A Rising Tide Lifts All Boats"
Schwartz official statements about supporting Android, etc.
Schwartz email to Schmidt: Let us known how we can help.
Now a very dense timeline. Can't read text from second row. Too tiny.
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