" * Don't let anyone fool you. Today was a major victory for Google. * "
The markets seem to be thinking the same way. Yesterday, Google was up as 
much as 2% (1.77% at the end of yesterday), Oracle down 1.72% at the of 
yesterday... Of course, i have no proof that this is largely or partially 
because of the verdict, but it gives to think ;-)


On Monday, May 7, 2012 5:49:53 PM UTC-4, Tim in Boulder wrote:
>
> On 5/7/2012 2:24 PM, Brian Conrad wrote: 
> > The news reports have been mentioning that the verdict does not 
> > address the issue of "fair use" that Google raised. 
>
> Groklaw has this to say [1]: 
>
> [ Recap of the day: Google won everything but the one issue that the 
> judge has to answer anyway, the API SSO issue. Oracle prevailed only on 
> 9 lines of code that Google admitted prior to trial to have included by 
> mistake and then removed from current Android. Oracle's own expert, the 
> judge pointed out in court, valued those 9 lines of code at zero. So 
> that means, if we are looking at damages, that so far Oracle has won 
> nothing. There is no liability. You can't have infringement without 
> considering fair use, Google asserts, and there will be briefing on 
> that. Somebody has to decide that. Don't let anyone fool you. Today was 
> a major victory for Google. That's why after the jury left, our reporter 
> says that Google's table was laughing, and Oracle's mighty glum.] 
>
> And, "The jurors couldn't get unanimous on the fair use issue. That's 
> the one they skipped." 
>
> So the one issue that the judge was going to rule on later anyway -- 
> whether the API can be considered copyrightable at all -- is the key to 
> whether Google is liable. "Whether the APIs infringe" is pretty obvious 
> if they're copyrightable, and in answering that question the jury was 
> told to assume they WERE copyrightable. If the jury had considered it 
> fair use, then the judge wouldn't have been forced to rule on whether it 
> was copyrightable, but since the jury couldn't decide, it will hinge on 
> the judge's conclusion. 
>
> Tim 
>
> [1] http://www.groklaw.net/article.php?story=20120507122749740 
>

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