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Oracle v. Google - Judge Alsup Rules APIs Not Protected By Copyright | 95 comments | Create New Account
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Oracle v. Google - Judge Alsup Rules APIs Not Protected By Copyright
Authored by: nuthead on Friday, June 01 2012 @ 08:19 AM EDT
Given the way they roll, they'll wait 30 days and then file for an extension to
submit their appeal.

[ Reply to This | Parent | # ]

Oracle v. Google - Judge Alsup Rules APIs Not Protected By Copyright
Authored by: eachus on Friday, June 01 2012 @ 09:06 AM EDT
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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