Oracle-Google Trial Won't Start Until Next Year
angry tapir writes "The intellectual property lawsuit between Oracle and Google over the Android mobile OS won't go to trial until next year, according to a ruling made in the U.S. District Court for the Northern District of California by the judge overseeing the case. The trial was initially set to begin Oct. 31 but was postponed last week by Judge William Alsup due to scheduling conflicts with a major criminal trial. The trial will be split into three stages heard by the same jury. In step one, 'liability on the copyright claims, including all defenses thereto, will be tried and determined by special verdict before going to Phase Two,' he wrote. The second phase will cover liability on the case's patent claims, he added. 'The jury will decide these issues before going to Phase Three.' In the final stage, 'all remaining issues will be tried, including damages and willfulness.'"
"In the final stage, 'all remaining issues will be tried, including damages and willfulness.'"
Wouldn't using the word 'wilfulness' suggest he already thinks Google did something wrong?
You or I may or may not think that, but a judge should try to remain neutral. Maybe a 'if needed be' or some such context was cut out of the quote.
Without patents this would be so much simpler.
JUDGE: Did your client write this software?
LAWYER 1: No, your honour.
JUDGE: Did _your_ client write this software?
LAWYER 2: Yes, your honour.
JUDGE: Alright, then it's theirs and they can do what they want with it. Case closed. *bangs gavel*
Does anyone really think that would be any less fair than the current system?
It took the SCO case 7 years to resolve and they had nothing on their side.
Google isn't going down without a fight. We'll still be reading about this in 2025.
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BMO
I have read about this postponement on many fora elsewhere. My question though is why nobody will tell us which parties are involved in this 'major' criminal trial. Aren't trials and their associated parties supposed to be known to the public?
How is google being sued for using free software?
Is anyone else getting tired of these lawsuits between tech companies? It seems like every day on slashdot there's a 'google v. apple trial', 'google v. java trial', 'microsoft v. apple trial', ' trial'. It's getting ridiculous.
If it ain't broke, don't fix it.
Damn, I already feel sorry for that jury. You have to come back in three separate chunks, any of which may last a week, and to top it all off listen to some inane technical and legal mumbo jumbo (either of which is bad enough on it's own). In fact I'm sure there are some liberals who would classify it as torture, and I'm not prone to disagree.
If developers are not careful software development will turn out like Medicine. Lawyers will take a great profession that makes decent money and siphon off all the money and joy. We will wind up purchasing patent infringement insurance from banks. There will be two lawyers per every developer. One lawyer for researching patents that make the code illegal. Another for creating patents on every little thing in the code. This will occur till all the jobs are chased out of the country.