Oracle is arguing that "no reasonable jury" could find for fair use.https://twitter.com/Ross_Todd/status/765937027934138368 …
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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
ALSUP: If I were you, I'd give up on the word interoperability. owwwwwww
ALSUP: The word interoperability, you got criticized by the Federal Circuit last time on that and probably rightly so.
Google argues back a little because Oracle brought up how the declaring code was valuable to devs because they could recognize it
Alsup says that's the "QWERTY point" and that he gets it, but they should avoid talking about interoperability
[if they know what's good for them]
Could the jury have reasonably determined fair use based on the evidence and the instructions? ALSUP: "The answer I believe is yes."
Alsup snaps at Oracle and says they didn't preserve an objection about the jury instructions they're raising now.
ALSUP: Don’t go up to the Court of Appeal and say you asked for that instruction when you didn't!
ORACLE: ... I believe we did— ALSUP: I disagree!
cowering in my seat in the second row in the gallery tbh
We're talking about the bikram yoga case.
ALSUP: [In that case] the sequence was not copyrightable. Maybe on appeal you should bring that to the attention of the federal circuit.
Onto the cost bill. A young lawyer is arguing for Oracle, a more senior lawyer is arguing for Google and Alsup is berating him
ALSUP: I think you're being greedy and asking for too much.
ALSUP: Do you know how many Social Security claimants I can't rule on right now because you're arguing over a cost bill
Alsup turns to Oracle. ALSUP: Tell me the most greedy act on Google's part as a reason for denying their bill of costs
Google has moved for court fees. Google is asking for 3.9 million, Oracle only wants to give them about 1 million.
This is a DROP in an ocean of attorneys' fees btw.
We're literally arguing over how expensive it is to print out TIFFs
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.
ALSUP: Go through these line items and reach an agreement. Failing which I may just deny it because it’s greedy and overreaching.
ten minute break, presumably so Alsup can sit in chambers with some relaxing aromatherapy candles and chill the fuck out
Alsup aiming his flamethrower at everyone today
this is just stuff like transcripts and court appointed experts. not attorneys fees and definitely not their own experts.
Court is now back in session.
Hurst is arguing for a new trial.
Oracle is saying that material evidence was suppressed during this trial.
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