I'd like to say that Oracle can't be dumb enough to appeal this--but they have
shown lots of obtuseness already. First, this line from the opinion: "This
command structure is a system or method of operation under Section 102(b) of the
Copyright Act and, therefore, cannot be copyrighted," is the real wooden
stake. SSO, even if you can prove copying, is dead.
Second, Judge Alsup
has retained the ability to rule on the latches and some other affirmative
defenses proposed by Google. If a federal judge after listening to a case for
three weeks, and lots of motion practice, believes that Google's hands were
clean, how likely is some (future) jury to award damages, even if the case gets
that far after appeal? (As I see it, Oracle has to win two appeals to get
before a jury again...)
Robert I. Eachus (IANAL) [ Reply to This | Parent | # ]
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