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"It's an unholy mess!" | 97 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Wow! are jury instructions always this complicated?
Authored by: webster on Friday, April 27 2012 @ 01:00 PM EDT
.

The Judge is going to have to instruct the Jury according to the law. The
instructions have to follow the statutes. rules and precedents. This is the
most fertile field for appeals. Whenever possible, the Judge will read the
standard jury instructions.

The lawyer should argue to the Jury commenting on the "Jury Verdict
Form." It is his chance to deliberate with them making his argument at
every point. He should probably have an annotated one up on the screen during
his closing, --the question, the "right" verdict, and the reason.
[This is very unlike a criminal trial where a jury can only respond with up to
two words, "guilty" and "not" for each charge.]

The Judge is going to have to pin down the definitions and the issues in order
for the parties to argue clearly and for the jury to be able to follow the
instructions and deliberate. So concepts such as "work as a whole"
are going to have to be nailed down. If it remains a muddle to the Judge, it
will be a muddle to the Jury. They will figure something must have happened and
go with their sympathies.

.

[ Reply to This | Parent | # ]

"It's an unholy mess!"
Authored by: Anonymous on Friday, April 27 2012 @ 04:56 PM EDT

...to paraphrase Linus Torvalds.

I'm trying to look at this from the perspective of a juror who had no clue about any of this as little as 3 weeks ago.

I seriously doubt the abilities for them to grasp the subtleties of things those of us here, with considerably more insight and direct experience with programming, have been wrestling with and debating since the suit was first brought. The judge himself hasn't come to grips with just what defines an API or how the overall Java platform is interwoven.

It's far too easy for the Jury to compare the 37 packages between Java and Android, which no doubt would possess a measure of similarity. (Looks pretty much the same to me, Maude. Put down 'YES' and we can go home.)

However, this completely ignores the fact that Android is based on *Harmony* AND the fact that Harmony's license *does* allow fully open use. (I suspect the only reason Apache and GNU weren't sued, was they don't have a ton of money...some of which, at least for Harmony, came *from* Oracle itself.)

[ Reply to This | Parent | # ]

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