looks like other hearings are on the docket and because #googacle is so contentious I'm guessing it's getting called last ? let's see
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one of the lawyers in this other (unrelated, just on the same morning docket) motion hearing literally tried to interrupt the judge
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this is like when the opening band is out of tune
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Google is up. Should I start cheering and clapping
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Nathan Shaffer currently arguing for Oracle's renewed motion for a judgment as a matter of law.
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Oracle is arguing that "no reasonable jury" could find for fair use.https://twitter.com/Ross_Todd/status/765937027934138368 …
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Shaffer is pretty juniorhttps://twitter.com/Ross_Todd/status/765939167989600258 …
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Alsup invited young lawyers to argue these motions b/c I think everyone knows these hearings are a little sillypic.twitter.com/dtkhPNTSUE
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FYI Alsup is now ripping the fuck into Shaffer so maybe it was all a trap
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Alsup: I invite you to argue this motion, it will be an educational experience *bites baby lawyer's face off*
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Just talked about Stewart v. Abend, now talking Harper v. Row
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Oracle saying that no reasonable jury could find that the verbatim copying is fair use.
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ALSUP: The implementing code does the actual work. The declaring code sets it up so that the rest of the module will be able to work.
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ALSUP: I think maybe you’re overemphasizing the declaring code.
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Shaffer argues that the declaring code was what was valuable to the developers (devs don't have to learn new functions)
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onto Google argument
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It feels a little like Google is dialing this one in, but they did win in the previous JMOL motion, and this is just the redux
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ALSUP: If I were you, I'd give up on the word interoperability. owwwwwww
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ALSUP: The word interoperability, you got criticized by the Federal Circuit last time on that and probably rightly so.
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Google argues back a little because Oracle brought up how the declaring code was valuable to devs because they could recognize it
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Alsup says that's the "QWERTY point" and that he gets it, but they should avoid talking about interoperability
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[if they know what's good for them]
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Could the jury have reasonably determined fair use based on the evidence and the instructions? ALSUP: "The answer I believe is yes."
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Alsup snaps at Oracle and says they didn't preserve an objection about the jury instructions they're raising now.
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ALSUP: Don’t go up to the Court of Appeal and say you asked for that instruction when you didn't!
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ORACLE: ... I believe we did— ALSUP: I disagree!
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cowering in my seat in the second row in the gallery tbh
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We're talking about the bikram yoga case.
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ALSUP: [In that case] the sequence was not copyrightable. Maybe on appeal you should bring that to the attention of the federal circuit.
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Onto the cost bill. A young lawyer is arguing for Oracle, a more senior lawyer is arguing for Google and Alsup is berating him
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