I don't know why Google have not cited the decisions that show it
is not permitted by either the law or due process.
IANAL but from
what I've heard from the lawyers involved, Oracle may have a right to ask for
infringer's profits even this late in the game. What they don't have a right to
is a new trial or new witnesses or a 4th (!) damages report this late in the
game. Of course, once the camel got its nose into the tent, these are exactly
the sort of things Oracle is now demanding.
IIUC it is analogous to someone
who changes their mind at the last minute and suddenly decides to take the bar
exam. The examiner can't find any rule forbidding it so they say it is a dumb
idea but you take the test if you want. Right after that the sneaky student
complains that they are at an extreme disadvantage because they are the only one
taking the test who has not gone to law school or even opened a law text book so
they immediately ask for the exam to be delayed until they have had a chance to
go to law school.
---
Our job is to remind ourselves that there
are more contexts
than the one we’re in now — the one that we think is reality.
-- Alan Kay [ Reply to This | Parent | # ]
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