Says the people leading the companies ultimately came to the conclusion it *was* fair use.
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Van Nest says that bringing up Oracle's failures "is not a criticism of their companies in anyway." But rather points to transformativeness.
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"You don't have to choose between commercial and transformative. The law makes that clear too."
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"Why? Because the whole purpose of fair use is to promote innovation."
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If you make something very innovative, of course it will be commercially successful.
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(says Google. My hater ass would never say that)
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Re: the 43 billion dollar Android ecosystem-
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"Most of it's not made by Google at all. Android is open source. ... the money is made by developers who are selling apps, handset makers.."
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"Function. Why are we looking at Harry Potter?"
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"This isn't like Harry Potter. This isn't a novel. This isn't a series of books."
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Why. In. Deed.
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"If it *were* Harry Potter we'd be having a whole different discussion. But we're not here for Harry Potter."
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Hammering on how API labels were "intended to be used." "They are used to call on implementing code."
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"They're to make the language itself more effective."
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"This is what we're looking at. Not Harry Potter. java dot net, java dot io, java dot security."
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"They may have been hard to build. .. But that's not what this factor is looking at."
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"What are they, at the end of the day, when they're completed?"
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"Even their expert conceded Java SE licensing is doing fine."
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"If you're a licensing company, show me the Java SE agreements where you're losing money."
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Again differentiating between Java ME and Java SE.
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"The extent to which Java ME hasn't done well is because the market has changed and you haven't changed with it."
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Says that the market change might have been "devastating" and "miserable" but that Sun-Oracle simply didn't develop their product.
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"Java language is still #1. That wouldn't be true without Android. Android is the only thing that's out there keeping Java where it is"
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"A lot of things can be taken out of context." Recaps testimony that "scrub the j-word" is about trademark,
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that "apis are copyrightable" is about implementations
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"Google didn't do anything wrong."
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2 minutes
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"Fair use is not an excuse, ladies and gentlemen. The law endorses fair use in the name of innovation."
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"The point is to encourage new ideas."
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"We here living in Northern California know that the best. The air we breathe, the cars we drive, ... are because of innovation."
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