Yesterday afternoon, the jury returned with the eighth note issued during the deliberation period, which asked, "What happens if we can't reach a unanimous decision and people are not budging?"
SAN FRANCISCO -- The jurors in the Oracle vs. Google trial seem to be inching closer to a verdict as they returned with another note at the U.S. District Court on Thursday morning.
This time, the question addressed the third out of four questions that the jury must decide upon unanimously, which are listed at end of the 21-page set of instructions.
That question reads, "Has Oracle proven that Google's conceded use of the following was infringing, the only issue being whether such use was de minimis," which refers … Read more
The highest court in the European Union issued a ruling yesterday that essentially declares programming languages are not copyrightable.
The European Court of Justice ruled in favor of World Programming Limited (WPL) over the SAS Institute, which developed the SAS System, an integrated set of programs that enables users to carry out data processing and analysis tasks.
WPL emulated these functionalities with its World Programming System to ensure that its platform would work the same way, meaning the same inputs would produce the same outputs.
Here are the most important parts of the ruling, according to the court judgment:
In … Read more
During testimony at the Oracle v. Google trial last week, former Sun CEO Jonathan Schwartz and co-founder and Chairman Scott McNealy gave conflicting views. Schwartz maintained that as long as Google's Android mobile platform didn't call itself Java or use any of the branding, it was in the clear. McNealy disagreed.
Given that Sun didn't take Google to court, Schwartz, who was CEO from 2006 until 2010 when Oracle took over the company, apparently convinced McNealy and the board of directors … Read more
SAN FRANCISCO--The jury in the Oracle v. Google trial returned to U.S. District Court here this morning without a verdict, but with more questions. The nature of those questions, however, suggests what some of the jurors might be thinking.
Both questions this time focused on fair use and Android revenue. One juror, for example, asked if "the definition of commercial use is limited in this case by virtue of Android being freely distributed?" further questioning if that means because Android is not sold directly, could they consider indirect revenue from the mobile platform?
Oracle's lead attorney … Read more
In today's show, it's time to get touchy with BlackBerry, bite your nails over courtroom drama, and share your spleen on Facebook:
Research in Motion showcased the new BlackBerry 10 operating system and its new touch-screen keyboard. Senior Editor Brian Bennett called the keyboard 'freakishly smart, and it was as if the device could read his mind.
On Facebook, you can now add organ donor information to your timeline. To add it to your profile, select life event, and find it under health and wellness.
SAN FRANCISCO -- The jury in the Oracle-Google case continues to deliberate at the U.S. District Court over the first phase of the trial concerning copyright infringement.
As is customary in complex cases, the jury returned a few questions to Judge William Alsup, who read them in the courtroom for both legal teams and the public on Tuesday morning. But also customary was that there were disagreements from both sides on how to respond … Read more
SAN FRANCISCO -- After Oracle made its closing statements on Monday morning at the U.S. District Court, Google's Robert Van Nest stepped up to the plate, defending Android's implementation of the 37 Java APIs at question in this lawsuit.
Van Nest's core defense rested on positioning this as a case of fair use, asserting that Android is not a copy of Java 5.0 SE but rather a "substantially" different work with different success in the market.
"It's a whole platform that didn't exist before and transformed the use of Java … Read more
SAN FRANCISCO -- Oracle made its closing statements during the first segment of the Oracle-Google trial this morning, and it all boils down to this: Google is making excuses for taking the property of Sun Microsystems -- and now Oracle -- and using it on Android.
Oracle counsel Michael Jacobs commenced by telling the jury that "this is a trial between large companies over really important business issues," and sometimes the numbers involved have been staggering, whether they refer to the lines of code or dollar amounts in question.
Nevertheless, Jacobs said that there is really only one, … Read more
James Gosling has a great deal of his life invested in Java. He is considered the father of the programming language, which was launched by Sun in 1995 and runs on billions of digital devices, and is currently at the center of a contentious legal battle between Oracle and Google.
Up until Saturday night -- when he wrote that "Google totally slimed Sun" -- the proud father of Java had been fairly moderate in his comments about how Google treated his baby.Full coverage: Oracle v. Google
When the lawsuit, claiming that Google had … Read more