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Because de minimis is a question of fact | 392 comments | Create New Account

Comments belong to whoever posts them. Please notify us of inappropriate comments.

Because the Jury deadlocked on Fair Use

Authored by: timkb4cq on Thursday, May 31 2012 @ 06:54 PM EDT

De minimus is a factual matter for the jury.
The Judge's instructions about SSO led the jury to deadlock on fair use, where
the de minimus issue would have been decided.

[ Reply to This | Parent | # ]

Nope. - Authored by: Anonymous on Thursday, May 31 2012 @ 07:42 PM EDT

Because de minimis is a question of fact

Authored by: Anonymous on Thursday, May 31 2012 @ 07:47 PM EDT

Whether infringement is or is not de minimis is a question of
fact for a jury, not a question of law for a judge. The jury
was act, they ruled.

Now, there's a question of law regarding what should be
considered "the work" for purposes of considering what to
compare to for "de minimis." The way the judge ruled allowed
this question to be considered in the way most favorable to
Oracle (considering each file as a separate "work). A point
Google will surely appeal if Oracle is granted any damages.

[ Reply to This | Parent | # ]

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