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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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I can't see how the court can let this lie stand | 162 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
No chance
Authored by: complex_number on Friday, May 11 2012 @ 07:02 AM EDT
Mr Ellison will be on his yacht somewhere outside the 12 mile limit so he can't
be served. It would be far too embarassing to be grilled like that.


---
Ubuntu & 'apt-get' are not the answer to Life, The Universe & Everything which
is of course, "42" or is it 1.618?

[ Reply to This | Parent | # ]

I can't see how the court can let this lie stand
Authored by: darrellb on Friday, May 11 2012 @ 07:32 AM EDT
It will come up in the retrial.

[ Reply to This | Parent | # ]

I can't see how the court can let this lie stand
Authored by: Anonymous on Friday, May 11 2012 @ 09:22 AM EDT
Unlikely to happen since the copyright phase is supposed to be over.

Even if Ellison is called back to testify, he could just say that he was
referring to the Java EE API (excluding the Java SE API) versus Spring API. That
will only bring up more questions, and more heated arguments. Google might even
end up bringing up things like JBoss and whatnots (with new witnesses and
evidence), ending up complicating the case even further. At that point, a
mistrial for the API question might seem extremely attractive to the judge given
the limited time allotted.

My guess is that the best way forward (for the judge) right now, is probably to
ask Google to show the evidence needed to support Google's assertions about
Spring, and Oracle to show evidence to support Oracle's assertions about Spring.
Depending on whether the judge is convinced by Google's or Oracle's evidence (if
any), he can either ignore Spring or use Spring in his evaluation.

[ Reply to This | Parent | # ]

I can't see how the court can let this lie stand
Authored by: rsteinmetz70112 on Friday, May 11 2012 @ 01:43 PM EDT
Why can't Google just ask one of their experts to testify in rebuttal to
Ellison's misstatement?

---
Rsteinmetz - IANAL therefore my opinions are illegal.

"I could be wrong now, but I don't think so."
Randy Newman - The Title Theme from Monk

[ Reply to This | Parent | # ]

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