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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Couldn't Copyright individually | 394 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Collection vs Individual Copyright
Authored by: darrellb on Wednesday, April 25 2012 @ 05:29 PM EDT
I could see the copyright claims being dismissed for failure to state a claim.

Oracle registered a collection and never alleged infringement of the
collection.

[ Reply to This | Parent | # ]

Collection vs Individual Copyright
Authored by: Anonymous on Wednesday, April 25 2012 @ 05:31 PM EDT
I thought the same thing about Google waiting to drop the hammer. Their own
words to the Judge seem to back this up.

Judge: So the first time that this came into your mind was this Monday?
Google: No, they brought this up on Monday.

[ Reply to This | Parent | # ]

Collection vs Individual Copyright
Authored by: jvillain on Wednesday, April 25 2012 @ 06:19 PM EDT
I don't know for sure but I highly doubt BSF did the copyright registration.
Don't forget this was filed years ago. Long before Oracle came along.

[ Reply to This | Parent | # ]

They must have realised?
Authored by: Anonymous on Wednesday, April 25 2012 @ 06:32 PM EDT
When they cut down to a subset claim, they must have realised that their
registration documents only reference the compilation.

If they are found to have deliberately mislead the court on the status of their

copyrights under oath and evidence rules, is there any legal comeback?

It seems like maybe there should be.

[ Reply to This | Parent | # ]

Couldn't Copyright individually
Authored by: MDT on Wednesday, April 25 2012 @ 06:47 PM EDT
Just realized, with Java being based heavily off C and C++, they probably
couldn't have copyrighted ANY of their 37 APIs.

A lot of them are based off C and C++ functions. Even to where they reside
(Math.H vs Java.Lang.Math).

That's what I never understood about Oracle's argument, even if they succeed,
they're just opening themselves up for lawsuits since Java is a derivative
language itself.

---
MDT

[ Reply to This | Parent | # ]

USC ยง 103 - SUBJECT MATTER OF COPYRIGHT: COMPILATIONS AND DERIVATIVE WORKS
Authored by: Gringo_ on Wednesday, April 25 2012 @ 08:48 PM EDT

(a) The subject matter of copyright as specified by section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully.

(b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material.

[ Reply to This | Parent | # ]

Corlections go here Freud
Authored by: Anonymous on Thursday, April 26 2012 @ 12:54 AM EDT
Always wear a dress that's longer than your slip.

[ Reply to This | Parent | # ]

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