Factor 1: Highly transformative Factor 2: Functional Factor 3: Tiny Fraction Factor 4: Not a substitute
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Bizarrely, story of transformative use also resembles an argument that it's too functional to be copyrightable
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What a weird case.
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"Even their expert, Mr. Jaffe, called Android 'a feat not achieved by any other tech giant.'"
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Google closing argument does hint a little at Google exceptionalism, but not in an uncouth way.
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(Just thinking about that because I would *love* to hear more about that bat mitzvah)
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Briefly mentioned at trial, actually.https://twitter.com/badlogicgames/status/734776051176443905 …
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Two possibilities here: 1) barred as irrelevant 2) Google decided too confusing for juryhttps://twitter.com/badlogicgames/status/734776051176443905 …
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"iPhones are very successful and they don't use Java at all."
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We're still on Google's closing arguments. Now taking bets that Oracle will say the exact same thing to support THEIR case.
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Now going over how Java SE market is doing just fine.
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On Jaffe (the Oracle economist): "He didn’t do his homework. We know that. It was embarrassing."
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Again reiterating difference to SE and ME, and how ME is for flip phones.
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Van Nest says that only harm Oracle has claimed is to the Java ME market.
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(This isn't quite true, Oracle's theory is that they WOULD have created a SE phone platform but Android was too far ahead, no fair)
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Now going over internal Sun projections that Sun revenues were going to drop anyways, Android didn't affect them.
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Points to Astrachan's statement that Java is the #1 programming lang in the world. "Not only is SE doing fine, the language is doing fine."
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Van Nest says every witness/expert said that reimplementing APIs was common, that everyone did it.
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We're going through specific examples of how others in the industry reimplemented APIs.
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For example:
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[going over previous testimony] Google to Bloch: Why did you think it was okay to re-implement the Perl 5 regular expression API?
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Bloch: Because we’ve always done things this way.
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Bloch: I’ve been in the profession for a long time, [at Sun], and before that we’ve always felt free to re-implement each other’s APIs.
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Van Nest ends by reiterating that Android is exactly the kind of thing fair use is meant to protect.
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15 minute break now.
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Oracle will give closing argument next, and then Google will rebutt.
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Court is in session again. Oracle expected to use about an hour and a half. Jury is now in.
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Alsup asks juror if she needs more pages in her notebook. He lets her go back into the jury room to get a notebook.
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Alsup asks the bee-sting juror if her bee-stings are better. They are better.
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Oracle begins closing arguments.
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Oracle closing seems like it will focus on the awkward Google emails—"evidence they never thought would see the light of day."
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