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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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But it could be $400 or even $1800 | 360 comments | Create New Account

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

But it could be $400 or even $1800

Authored by: pem on Sunday, June 03 2012 @ 02:39 PM EDT

Sure, the 8 copied files aren't part of Android as shipped on phones.

But they were both copied by google and distributed by them to OEMs. Both of
these things are violations of the copyright act, and if not covered by fair
use, could be covered by statutory damages.

Judge Alsup seemed to indicate before that he believed that, at least in some
cases, a "unit" was a file. If he keeps with this line of reasoning,
there could be 9 separate violations...

Personally, I think that $200 is more defensible than $1800 (because of the
copyright on Java as a whole), but if you look at the whole game, $1800 might be
less contentious, in that google will only appeal that as part of the broader
counterappeal against whatever Oracle alleges.

If Oracle wakes up and decides not to appeal, google's not going to waste time
and money reducing the damages from $1800 to $200.

[ Reply to This | Parent | # ]

I was considering the complaint - Authored by: Ian Al on Tuesday, June 05 2012 @ 11:32 AM EDT

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