Oracle saying that no reasonable jury could find that the verbatim copying is fair use.
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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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this is just stuff like transcripts and court appointed experts. not attorneys fees and definitely not their own experts.
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Court is now back in session.
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Hurst is arguing for a new trial.
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Oracle is saying that material evidence was suppressed during this trial.
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According to the briefings, Oracle is mad because during discovery, Google did not produce evidence regarding desktop Android
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This announcement came during Google I/O. Which happened DURING the trial.
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ORACLE: On the day Oracle rested its case, Google announced, “We’ve been working in secret for months, ...
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and we’re building a whole new platform ... to run Android on Chromebook.”
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ORACLE: Your honor, that announcement was directly contrary to the discovery answers that were given in this case.
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Flashback: key argument in the case was that Android did not compete with Java SE because it was not for desktop.
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