Van Nest ends by reiterating that Android is exactly the kind of thing fair use is meant to protect.
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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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(Oracle says Google's use of Android is not transformative, go figure)
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Oracle points to 11,500 lines of code, copied across many versions.
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Doug Schmidt testified that the packages were used for the same purposes. E.g., java.security was used for... security
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Which, like
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You know
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ANYWAYS, MOVING ON
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"Sun licensed Java SE for use in smartphones. Sun licensed Java ME for use in feature and smartphones."
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"Java was in feature and smartphones before the launch of Android. They were the market leaders in both areas."
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