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Common copyright claimant | 238 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
That was the reason for the judge's question.
Authored by: PolR on Thursday, April 26 2012 @ 11:59 AM EDT
> The claimant here isn't the same necessarily for each API.
> Oracle has to prove it actually authored the APIs, which
> will be hard, methinks.

Their turn at making their case is over. Unless the judge gives them another
bite at the apple it is easy to see they have not proven authorship when they
had the chance to. Now as long as Google is careful not to call a witness with
direct knowledge of who is the author of the APIs Oracle will not get any
opportunity of doing that anymore.

Question: Do the rules of procedure allow Oracle to prove authorship during
cross examination of a witness with knowledge of who is the API authors if
Google doesn't first bring the point during direct?

[ Reply to This | Parent | # ]

Common copyright claimant
Authored by: hardmath on Thursday, April 26 2012 @ 12:04 PM EDT

Claimant is not necessarily the author, as the case law cited in the weekend briefs points out: a case in which a journal was copyrighted with a single registration to include the several articles contained therein.

However the copyright of those articles had been assigned to the journal, hence the distinction of claimant vs. author.

Still Google seems to have a strong argument here, since Oracle has not produced copyright assignments for those components contributed by other authors. Indeed the failure of Sun to be able to open source their own implementation of Java 1.5 in its entirety, owing to the refusal of some third-parties to agree to GPL terms, seems to indicate a well-known situation with regard to authorship of many Core API class libraries.

Note that the problem arises because of the single Java registration, and cannot be avoided just because the 37 accused APIs might be owned by Oracle.

---
"Prolog is an efficient programming language because it is a very stupid theorem prover." -- Richard O'Keefe

[ Reply to This | Parent | # ]

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