Now going over internal Sun projections that Sun revenues were going to drop anyways, Android didn't affect them.
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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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"This case is about an excuse. I call it the fair use excuse."
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Oracle says that the internal docs at Google all show that they never thought it was fair use.
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I think you guys know what I think about that
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"The first factor will be commerciality." ????????
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We're now going through this part of the fair use provision: https://www.law.cornell.edu/uscode/text/17/107 …pic.twitter.com/kumHbcpgkA
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"Things like criticism. Android is not criticism. Things like comment. Android is not comment. Things like news reporting. Android is not.."
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You get it.
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Now going through how much $ Google made from Android, using internal docs from Google itself, like one that says "Search + Android = HUGE"
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Oracle says that Android is a "43 billion dollar ecosystem," and is the "height of commerciality."
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"The second question is transformative." ??????????????
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this is an extremely.... interesting... way to organize a fair use inquiry
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