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Tenenbaum is a different case | 278 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Tennenbaum
Authored by: Anonymous on Thursday, June 21 2012 @ 04:11 AM EDT

I'm not familiar with the case or history, but I'd guess because the law seems to outrageously penalise media copying past the point of any sanity. I don't think any other industry has the sheer brass balls to lobby for media style "Copyright Math" type protections.

Watch the $8 billion iPod to get an idea of how crazy media protection is, and how much more they want.

$8 billion iPod

The law is wrong if the cost / punishment is orders of magnitude out from the costs or seriousness of the offence

[ Reply to This | Parent | # ]

  • Tennenbaum - Authored by: Anonymous on Thursday, June 21 2012 @ 02:02 PM EDT
Tennenbaum
Authored by: Anonymous on Thursday, June 21 2012 @ 06:51 AM EDT
Google went to pretty extreme lengths to avoid any copyright violation.

The nine lines weren't even written by Sun; they were an independent
contribution copied in by a newbie against policy, presumably on the assumption
that as non-Sun code they were OK to copy.

The test files were reverse engineered against Google's explicit instructions
(and are not distributed to end users).

You're probably in more severe breach of copyright when you hum a familiar song
where somebody can hear you.

[ Reply to This | Parent | # ]

Tennenbaum
Authored by: DannyB on Thursday, June 21 2012 @ 09:16 AM EDT
I see what you did there. You phrase it as "copy some files and some
lines".

What you don't do is highlight the insignificance of it.

It is 9 lines comprising a function a high school student could write in well
under 30 minutes.

It's a nat's eyelash. It's nothing.

Oh, and some test files that never were distributed in android devices.

Yeah, all of that must add up to some real damages inflicted upon poor Oracle.
Please describe how this nat's eyelash of infringement caused any damage to
Oracle. I would love to hear the tale.

---
The price of freedom is eternal litigation.

[ Reply to This | Parent | # ]

Tenenbaum is a different case
Authored by: Anonymous on Thursday, June 21 2012 @ 10:18 AM EDT

The case I think you're thinking of is Thomas-Rassett. The highest award against her was $80,000 per infringement of 24 songs for a total of $1.9 Million. A case which appears* to have just recently been heard in Appeals on the Constitutionality of such a high damages award.

Joel Tenenbaum is a male.

* referenced in Wikipedia.

RAS

[ Reply to This | Parent | # ]

Tennenbaum
Authored by: PJ on Thursday, June 21 2012 @ 12:01 PM EDT
Well, here's the answer. Others have corrected your
facts, but on the why part:

1. Oracle isn't taking zero forever, in that it wants to
appeal, and its hope is that the SSO of the APIs will be
overturned and they'll get a new trial and beaucoups of
dollars for that.

2. Oracle stipulated about the damages being only
statutory.

3. There's no willfulness proven in this picture.

4. Whether the huge awards in the other two cases is
constitutional is before the court now. That is the
question. I think it'll stand, though. Congress at some point will have to
address whether a law that was designed
to punish people making money from copyright infringement should be identical to
the punishment that is appropriate for some kid sharing with his buddies over
the Internet without making a dime.

[ Reply to This | Parent | # ]

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