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Why doesn't the Judge intervene? | 234 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Why doesn't the Judge intervene?
Authored by: IANALitj on Wednesday, April 18 2012 @ 03:17 PM EDT
I am not a sports expert, but the judge is a referee. He is not directly
involved in the parties' strategic and tactical choices. Rather, his function
now is to see that the parties follow the rules. (He will also have some other,
very different functions, such as specifying the relevant principles of law to
the jury, but that will be a matter for another day.)

In a lot of games (including basketball and the many very different games that
are called "football" in different countries and different languages)
one strategy is to control the ball, rather than constantly trying to score with
it. This is considered a valid approach (subject to some limiting rules),
though some spectators find it dull.

In this case -- unusually -- the judge has given each side a limited amount of
time to use. Right now, Oracle is presenting its side of the case. If it wants
to spend its time going "on and on about this hypothetical license
nobody even really needs," that's its choice. (It is possible that Oracle
will convince the jury that the license is relevant, perhaps even
determinative.) There is no reason for the judge to intervene in Oracle's
choice of how to use its allotted time.

When Google gets its turn, it will follow its own strategy.

[ Reply to This | Parent | # ]

He's giving Oracle the chance to make their case.
Authored by: Anonymous on Wednesday, April 18 2012 @ 03:17 PM EDT


They get to show all the evidence they've got.

I don't know if he can rule as a matter of law at that point, but for certain
Oracle should be given every opportunity to show their proof of infringement,
regardless of how baseless their case is.

I would want it any other way.

[ Reply to This | Parent | # ]

That would not produce the greatest billable hours
Authored by: kawabago on Wednesday, April 18 2012 @ 03:20 PM EDT
With lawyers, it's the billable hours that count, not the
truth. Or at least with Boies that seems to be the case. They
make arguments even a child could see through seemingly just
to create more paper to be litigated at the clients expense.
Boies took this case because they saw in Ellison another
sucker to take to the cleaners.

[ Reply to This | Parent | # ]

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