Internal emails point to pressures within Google — pressures that pushed Android to take a "shortcut."
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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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"If you're looking at phones, this isn't a revolution, this is an evolution."
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Sun was in smartphones first, he says. I think he's referring to Blackberry and SavaJe
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"These phones are not the same as the phones today," says Bicks.
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In a nod to how shitty the SavaJe looks, he says the hardware is different, but "if you look under the hood" they used the same software.
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Admits that SavaJe is "wasn’t a big success."
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"But what was important about that phone was that it had a full stack operations system inside that was based on Java SE."
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Critical piece of the Oracle story: HTC Touch Pro 2008 licensed Java. HTC Dream (also 2008) did not.
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To Oracle, this clearly shows that Android was a substitute in the market.
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"Professor Jaffe confirms, from an economist's perspective... one was taking the place of the other"
#fromaneconomistsperspective#drink -
THE RETURN OF THE JAVA FAIR USE PAINTING
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IT'S SO UGLY
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"This is an example of a different purpose."
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