Google closing argument does hint a little at Google exceptionalism, but not in an uncouth way.
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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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Oracle says this is an important case because "It gets down to a very simple rule:
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..you don’t take people’s property without permission and use it for your own profit."
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"Google took a shortcut, and it took a shortcut at Oracle’s expense."
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(Bicks is giving closing for Oracle.)
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Internal emails point to pressures within Google — pressures that pushed Android to take a "shortcut."
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Some microphone issues. Bicks smoothly ignores, and then takes his mic off and just starts speaking louder. He's got the projection to do it
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Points to an angry email that Schwartz shot off to Marten Mickos, saying Google was "immune to copyright laws."
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"That’s what this case is about: a company that believe it is immune from the copyright laws."
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Google internal emails (non-lawyers speculating!) said they needed a license, that the alternatives "all sucked."
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All the other companies that used Java licensed their product.
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Guessing that the half-an-ass email is coming back, too.
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And the bat mitzvah, too.
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Oracle emphasizes that lines of declaring code and the structure, sequence, and organization of the 37 packages are copyright infringement—
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—as per the jury instructions, which are of course due to the Federal Circuit opinion.
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