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| Authored by: Oliver on Tuesday, April 24 2012 @ 06:19 AM EDT |
To a certain extent by instructing the Jury to assume that the
SSO is copyrightable he is saving possible appeals and hence
showing judicial economy. I.e. if he were to rule that they
weren't, it would be appealed and would go back to court to be
argued. So may as well let it be argued now and so the
appeals court can't return it in order for it to be argued.
I.e. he is appeal proofing his final ruling.[ Reply to This | Parent | # ]
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| Authored by: darrellb on Tuesday, April 24 2012 @ 10:07 AM EDT |
I felt that the
Google Lawyers were not objecting enough during the
crosses
of the Witnesses Why do you thing that Google should have
been raising objections? That makes no sense at all. Every cross examination so
far has been done by Google. Why would Google object when they're asking the
questions? [ Reply to This | Parent | # ]
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| Authored by: darrellb on Tuesday, April 24 2012 @ 10:20 AM EDT |
I think the Court has it backwards, too. Since fair use is a defense, the
copyrightability should be decided first as a threshold issue.
Since the Court has reserved judgment on the copyrightability itself, isn't
there a possibility that the Court will instruct the jury to consider copyright
infringement and defenses of X and then, after trial, conclude that only Y, a
subset of X is actually copyrightable.
What is the Court to do? There is no evidence or decision about Y, only X. How
can the Court separate Y from X?[ Reply to This | Parent | # ]
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| Authored by: jbb on Tuesday, April 24 2012 @ 01:02 PM EDT |
anon said:
I am also getting the feeling the Judge maybe helping
Oracle
more than he should. I don't really agree that the Jury
should decide on
fair use, before it is clear if API's are
copyrightable or not.
As
I pointed out in my OP:
Arguing fair use in front of the jury may
actually be a huge boon for Google. If the jury decides that as a matter of fact
Google's use of the APIs was fair use then that finding of fact by the jury
might be harder to overturn than a ruling by the judge directly saying APIs
cannot be protected as a matter of law.
Giving the fair use
question to the jury may help Google much more than it helps Oracle. IOW,
Google wins if they win on fair use OR if they win on the uncopyrightablity of
APIs. In order for Oracle to win, they have to win on both
issues.
---
Our job is to remind ourselves that there are more
contexts than the one we’re in now — the one that we think is reality.
-- Alan Kay [ Reply to This | Parent | # ]
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