Google bench is totally full, is Oracle even tryinghttps://twitter.com/Ross_Todd/status/765932510874218496 …
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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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ALSUP: I think you're being greedy and asking for too much.
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ALSUP: Do you know how many Social Security claimants I can't rule on right now because you're arguing over a cost bill
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Alsup turns to Oracle. ALSUP: Tell me the most greedy act on Google's part as a reason for denying their bill of costs
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Google has moved for court fees. Google is asking for 3.9 million, Oracle only wants to give them about 1 million.
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This is a DROP in an ocean of attorneys' fees btw.
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We're literally arguing over how expensive it is to print out TIFFs
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Alsup's order is: You two, today is Wednesday, tomorrow and Friday, you two get to meet and confer all day long at whatever place you want.
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ALSUP: Go through these line items and reach an agreement. Failing which I may just deny it because it’s greedy and overreaching.
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ten minute break, presumably so Alsup can sit in chambers with some relaxing aromatherapy candles and chill the fuck out
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Alsup aiming his flamethrower at everyone today
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Le chargement semble prendre du temps.
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