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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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whoops, now 37 entire works ?? | 394 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

whoops, now 37 entire works ??

Authored by: Anonymous on Wednesday, April 25 2012 @ 06:33 PM EDT

lets assume the Judge allows them to proceed:
-- and IANAL but since the matter hasn't been turned over
to the jury for deliberation, it may be the Judge's Rule 50
decision can be one without prejudice; i.e. they may be
allowed to try it again on another day ---

It seems then they may be required to show infringement of
37 entire works, and I would be suspicious taking these 37
copyright ownership claims at face value as they were
mistaken about 14 packages. If Google did copy entirely of
each library's copyrighted SSO elements --- the Judge still
has to rule whether such a copyright attends --- it would
not be a de minimus infringement of each.

Yet, given the degree of API method & class cohesion or
interconnectedness, if any methods or classes are language
essential, one may be obliged to copy the entire library's
SSO elements, which in such circumstances would be fair use.

I think this last would be to the onus of Google to argue
and for the jury to decide upon the facts.

[ Reply to This | Parent | # ]

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