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| Authored by: Anonymous on Wednesday, May 16 2012 @ 03:01 PM EDT |
We need someone on the inside at the hotel the Boise Schiller guys are staying
at. I suspect their collective bill for this trial is way over $150,000. It
would also be nice to find out how many hours sleep they got over this trial and
work out the hotel cost per hour of effective sleep![ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 03:49 PM EDT |
| Can the judge award them just a single dollar? [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 03:53 PM EDT |
| The 9 lines and the test files have indeed been found to be infringing, so I
suppose there should be some kind of penalty. The problem is (as Judge
Alsup so wonderfully pointed out) that Oracle has literally made a
Federal case out of this. And various non-experts with blogs have also
"spontaneously" proclaimed far and wide how Google will be fined
BEEEEELLIONS!. (I wonder why they did that?)
But now it
becomes clear how massively Oracle has overplayed its hand.
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| Authored by: vb on Wednesday, May 16 2012 @ 03:54 PM EDT |
One share of Google would be huge win for Oracle.
Or alternatively, the Judge could award a sandwich, a beer, or fries since these
lawyers are hungry for a win.[ Reply to This | Parent | # ]
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| Authored by: mcinsand on Wednesday, May 16 2012 @ 03:54 PM EDT |
I don't think we've seen the judge do anything that would give Oracle cause to
appeal, but Google seems to have built an arsenal of reasons. Given what Oracle
stands to lose if they win anything, I would think that they would be keeping
quiet. They will lose far, far more than their maximum on this case in legal
fees if they win enough to motivate Google to appeal.
The more Oracle loses now, the less they'll lose, overall.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 04:15 PM EDT |
Boies, and maybe Oracle, may now be looking past this case to make a precedent
to future litigation. "OK, so we didn't get a lot of money from Google. But
your infringement is the same as Google's and far more extensive." The
settlement value in future cases may be what Oracle takes away from this one.
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| Authored by: Anonymous on Wednesday, May 16 2012 @ 04:39 PM EDT |
It looks to me like Oracle has (rightly) decided that it's not worth the money
to try the copyright damages unless they also win on the 37 packages.
This seems very reasonable as they already have their "infringing"
verdict that they can spin (for a while, at least) and, since they are not able
to introduce evidence that would allow them to show actual damages or claim
infringer's profits, the costs of trying the issue are not worth the probable
return.
Statutory damages range from $750 to $30,000 per work, but can be adjusted to as
much as $150,000 if the infringement was willful or to as low as $200 if the
infringement was accidental.
I expect that this judge will be very tempted to award Oracle $750 if the
infringement was willful and $200 if it was not.
If Oracle gets anything less than $150,000 in statutory damages then the spin
value of the infringing verdict is greatly reduced, possibly to the point where
they'd rather not have the result in the press at all.[ Reply to This | Parent | # ]
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| Authored by: Wol on Wednesday, May 16 2012 @ 07:10 PM EDT |
Can the Judge impose an NDA on Google?
Even if the Judge does find for Oracle and award them something, Google should
(and likely would) press for the details to be a public filing.
Rather difficult for Oracle to spin a "big win" if it's public record
that they got a couple o' grand.
And rather difficult, too, for Oracle to demand secrecy if it's a Judge-imposed
settlement, not negociated between the parties.
Cheers,
Wol[ Reply to This | Parent | # ]
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| Authored by: Tufty on Wednesday, May 16 2012 @ 08:38 PM EDT |
Wel, oys rekons they'll get somewhat between none and some if they gets an'thin'
at all.
---
Linux powered squirrel.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, May 17 2012 @ 12:07 AM EDT |
| Yep, Oracle has won a boot out onto the curb... [ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, May 17 2012 @ 01:09 AM EDT |
"Any statutory award he make is likely to be the absolute minimum possible
-- the kind of infinitesimal amount greater than zero ordinarily seen in
first-year calculus courses."
Ah, but calculus is theoretical. Use physics instead, it makes more sense: We're
talking one Plank-Dollar.[ Reply to This | Parent | # ]
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| Authored by: Anonymous on Thursday, May 17 2012 @ 01:19 AM EDT |
"But it will be an award of damages to Oracle, and you can believe they
will shout...er, maybe whisper... it from the rooftops.
Otherwise, they will have spent millions on this litigation, spouted all sorts
of nonsense and trash-talked Google all over the place, and gotten nothing
whatsoever to show for it."
Thank goodness I'm not an Oracle shareholder. I would feel obligated to file a
class action lawsuit against the BOD.[ Reply to This | Parent | # ]
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