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Jury in Oracle v. Google has reached a verdict on all questions but one

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Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#3
post #2

Time to watch 12 Angry Men while they discuss question number 4

Watching a movie about a lone juror changing everyone's mind on what was supposed to be a slam-dunk case doesn't seem like good karma at the moment.

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#5
apparently it is not question #4, which leads to a few possibilities:

1. Unanimous on question 1, and therefore question 4 as well.

2. question 1 is the one they are still debating, and therefore haven't even considered #4.

Regardless, I don't think you can say whether this is good or bad for Google/Oracle either way. Yes, if they were stuck on #4, it would be bad for Oracle, but I can see them already deciding Yes to #1 and No to #4, and can't decide on #2 or #3.

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#6

From the comments: The form says only to answer 4 if they answered YES to 1A, Google _has_ infringed the SSO Having a Jury with no technical knowledge would obviously lead to this.

Why do you assume the Jury has no technical knowledge? Lawyers often seek engineers and technical minded people in voir dire for technical cases. Not subject matter experts, but a programmer or mechanical engineer has a high chance of being sought after by both sides.

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#7
post #6

From the comments: The form says only to answer 4 if they answered YES to 1A, Google _has_ infringed the SSO Having a Jury with no technical knowledge would obviously lead to this.

Why do you assume the Jury has no technical knowledge? Lawyers often seek engineers and technical minded people in voir dire for technical cases. Not subject matter experts, but a programmer or mechanical engineer has a high chance of being sought after by both sides.

you obviously didn't follow along during jury selection. Anyone with any software/engineering background was excused from the jury. The current jury has no technical knowledge whatsoever.

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#8

From the comments: The form says only to answer 4 if they answered YES to 1A, Google _has_ infringed the SSO Having a Jury with no technical knowledge would obviously lead to this.

How so? Any jury, technical or not, should find 1A for Oracle.

"Has Oracle proven that Google has infringed the overall structure, sequence and organization of copyrighted works?"

As far as I can tell nobody disputes that Google lifted the Java API's structure, sequence, and organization from Sun, and the judge told them to consider SSO copyrightable. Most programmers think it's ok to rip off an API because otherwise the world will burn, or something, but 1A is asking what Google did not whether it was illegal.

My bet is the jury is held up on the fair use, either for implementation (1B) or documentation (2B). These are vague questions that can easily go either way. My bet is that they find 1B for Google (implementing the API is ok) but find 2B for Oracle (reprinting the API SSO is not ok). You have to implement the API to make it compatible, but you don't have to republish the API.

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#9

From the comments: The form says only to answer 4 if they answered YES to 1A, Google _has_ infringed the SSO Having a Jury with no technical knowledge would obviously lead to this.

Having a Jury would obviously lead to this.

Not meaning to offend anyone but; to me a jury system is the most backward way of justice. Simply grab a random group of people of the street to essentially make life impacting decisions based on the theatrical performance of a lawyer.

It's like saying; Hey guys, we're short on brain surgeons, we're going to introduce brain surgeon duty. Everyone can cut meat, right?

Re: Jury in Oracle v. Google has reached a verdict on all questions but one

#10

From the comments: The form says only to answer 4 if they answered YES to 1A, Google _has_ infringed the SSO Having a Jury with no technical knowledge would obviously lead to this.

They were ordered to consider SSO copyrightable here. They may feel that they have little choice in the matter.
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