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| Authored by: Anonymous on Sunday, April 29 2012 @ 02:09 PM EDT |
| Honestly, I don't think it's an error. Rather part of their strategy. [ Reply to This | Parent | # ]
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| Authored by: hardmath on Sunday, April 29 2012 @ 02:15 PM EDT |
While we haven't yet seen a ruling from Judge Alsup on Google's motion, we have
seen a flurry of related activity.
Oracle has withdrawn its claim that the Java copyrights were registered as a
"collective work". To be sure this checkbox was not checked on the
registration form, but Oracle now says they never "relied" on that
characterization. Oracle was allowed to reopen their case-in-chief to present
evidence on copyright registration, though it didn't go smoothly.
I suspect much of Google's Rule 50 motion have been addressed with adjustment of
the "work as a whole" definition proposed for jury instructions and
verdict form.
Recall that Oracle wanted and expected to have the "work as a whole"
tailored to the specific accused APIs. Thus any fair use defense by Google
would have been weakened by defining the "whole" in as narrow a
fashion as possible.
As a by-product of the evidence (or lack of evidence) as to what Oracle actually
registered (the empty CDROM), Judge Alsup has given Google permission to argue
that Oracle has failed to prove registration.
regards, hm
---
"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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| Authored by: JimDiGriz on Sunday, April 29 2012 @ 02:19 PM EDT |
http://www.nhl.com/ice/page.htm?id=26342
Rule 50 - Kneeing
50.1 Kneeing - Kneeing is the act of a player leading with his knee and in some
cases extending his leg outwards to make contact with his opponent.
50.2 Minor Penalty - The Referee, at his discretion, may assess a minor penalty,
based on the severity of the infraction, to a player guilty of kneeing an
opponent.
50.3 Major Penalty - The Referee, at his discretion, may assess a major penalty,
based on the severity of the infraction, to a player guilty of kneeing an
opponent (see 50.5).
50.4 Match Penalty – The Referee, at his discretion, may assess a match penalty
if, in his judgment, the player attempted to or deliberately injured his
opponent by kneeing.
50.5 Game Misconduct Penalty - When a player has been assessed a major penalty
for kneeing he shall also be assessed a Game Misconduct.
50.6 Fines and Suspensions - There are no specified fines or suspensions for
kneeing, however, supplementary discipline can be applied by the Commissioner at
his discretion (refer to Rule 28)
So Oracle just got kneed by Google?
JdG[ Reply to This | Parent | # ]
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| Authored by: mexaly on Sunday, April 29 2012 @ 02:59 PM EDT |
The blank disk is something that someone else than BS&F might get away with.
Sorry, wrong lawyers.
---
IANAL, but I watch actors play lawyers on high-definition television.
Thanks to our hosts and the legal experts that make Groklaw great.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Sunday, April 29 2012 @ 03:13 PM EDT |
| at a guess [ Reply to This | Parent | # ]
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| Authored by: ThrPilgrim on Sunday, April 29 2012 @ 03:32 PM EDT |
If it is a blank disk doesn't that violate the copyright on John Cage's 4'33" ---
Beware of him who would deny you access to information for in his heart he
considers himself your master. [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Sunday, April 29 2012 @ 06:52 PM EDT |
If the Jury decides that Oracle don't have a valid (c) claim then Oracle can
appeal all they like but it won't waste any more of THIS courts time.
I imagine all the other blockers will be in the final report from the bench i.e.
even if the Jury decides that Oracle has valid (c) they actually don't because
a) Oracle registered the (c) on a blank disk and can't collect damages because
they can't identify the (c) work
b) Even if the disk hadn't been blank the (c) was on the compilation not the
components
c) Latches
d) Equitable estoppal
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| Authored by: BitOBear on Monday, April 30 2012 @ 05:13 AM EDT |
All bit patterns that can fit on a CDROM were copyrighted by copyrighting a
blank CDROM (that would be a Classic Boise™ legal theory).
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