Judge Skewers Oracle Attorney For Revealing Google, Apple Trade Secrets (arstechnica.com)
An anonymous reader quotes a report from Ars Technica: The federal judge who presided over the Google-Oracle API copyright infringement trial excoriated one of Oracle's lawyers Thursday for disclosing confidential information in open court earlier this year. The confidential information included financial figures stating that Google generated $31 billion in revenue and $22 billion in profits from the Android operating system in the wake of its 2008 debut. The Oracle attorney, Annette Hurst, also revealed another trade secret: Google paid Apple $1 billion in 2014 to include Google search on iPhones. Judge William Alsup of San Francisco has been presiding over the copyright infringement trial since 2010, when Oracle lodged a lawsuit claiming that Google's Android operating system infringed Oracle's Java APIs. After two trials and various trips to the appellate courts, a San Francisco federal jury concluded in May that Google's use of the APIs amounted to fair use. Oracle's motion before Alsup for a third trial is pending. Oracle argues that Google tainted the verdict by concealing a plan to extend Android on desktop and laptop computers. As this legal saga was playing out, Hurst blurted out the confidential figures during a January 14 pre-trial hearing, despite those numbers being protected by a court order. The transcript of that proceeding has been erased from the public record. But the genie is out of the bottle. Google lodged a motion (PDF) for sanctions and a contempt finding against Hurst for unveiling a closely guarded secret of the mobile phone wars. During a hearing on that motion Thursday, Judge Alsup had a back-and-forth with Hurst's attorney, former San Francisco U.S. Attorney Melinda Haag. According to the San Francisco legal journal The Recorder, Haag said that her client Hurst -- of the law firm Orrick, Herrington and Sutcliffe -- should not be sanctioned because of "one arguable mistake made through the course of a very complex litigation."
i'm hungry.
I'm puking. Seriously.
Kind of boggles my mind that the google thinks they made $22 billion profit on $31 billion revenue from Android. Talk about magic money? Some kind of projection of the effects of Android's success on their stock prices? Already we're dealing with fantasy here.
However, my two primary reactions were sadness and amusement.
The sadness is at the loss of the google's innocence. I used to think they were sincere about the "Don't be evil" thing, but now they are just another giant EVIL company and the corporate motto has become "All your attention are belong to us." I can't decide whether I was a gullible fool or if the transition was just inevitable under the rules of the American business game as encoded into law by the most cheaply bribed politicians.
The amusement is from watching them battling it out. I think Apple is probably the least evil of the three companies, but I can't believe any of them are innocent babes in the woods. It would suit me fine if they all died in the arena of their stupendous greed, though I guess Oracle is the greediest and most evil, which probably means Oracle will win. (Omens of Trump?)
Freedom = (Meaningful - Coerced) Choice != (Speech | Beer^2), and sad sock puppets' bad mods avail them naught.
Most stock is owned by likewise evil institutions. If real people owned companies, perhaps they would not be as evil.
I would not put them past this legal strategy:
Use litigation to obtain proprietary information.
Leak a little to get Google nervous.
Use that as leverage to help force a settlement.
Illegal? Absolutely. But they'll probably get away with it.
You all know Oracle's real motives, right? Oracle's products won't scale in to to the truly world scale big data future without patents that Google controls. Google's been there since day one. Oracle's products are great, but they won't be 10 years form now.
Their existence is at stake. They will do anything to get cross-licenses from Google.
I am also suspicious of the concept of trade secrets and proprietary information in general. Come on, people, what happened to that big talk we were going to have about ethics and intellectual property and culture and stuff?
That's the kind of info that should be available to all shareholders. No court order should have been issued to try to prevent it from being disseminated.
Oracle's complaint has merit. Google is going to take Android and put it on the PC, or rename Android, or leverage Android's mobile position to achieve the same effect of unification across mobile and PC.
Oracle's claim is that Google plans to use Android, which absolutely did copy both Java and Java APIs, to compete in a space Oracle is in. Google got a "fair use" ruling in part because they weren't directly competing with Oracle. Oracle pointed to a $31 billion in revenue, $22 billion in profit, and $1 billion to gain the leverage of being the default search engine that screams "Of fucking course Google is going to expand this to every corner of existence!".
Oracle is fucking awful and I hope they go belly up. But Google is far from being the good guy. (And for those keeping score, there's no fucking way anyone with a brain believes that Compaq's BIOS was a "clean room" implementation.)
...strenuously stated that the lawyer should not do that again.
He keeps trying to redirect the trial and the appellate courts say his tactics are too stinky even for them. So of course he takes a "but the lawyers are slimeballs too!" stand. His rulings are still going to get slapped down again. Everybody knows Apple and Google lie in discovery all the time. Just makes you wonder what the real numbers are.
So doing it was no accident and Ale should own the law firm.
Then an only then will it never happen again.
So many Judges are really crack heads.
The attorney intentionally leaks this information, after knowing they aren't supposed to, and the Judge does what? Oh no he fucking yelled at them? Holy shit no way.
But Manning intentionally leaks stuff and gets jail. Hillary mishandles stuff, nothing.
The rules are simply different for everyone and its far fucking past time it stopped being that way.
I'm for full transparency here. Too much deception of the public is happening already. In a time where states are disappearing (the anorectic state propagated by the ultra-libs seems to be in fashion), it's ever more important tha corporations are fully transparent.
Don't get me wrong. I've *no* sympathy whatsoever for Oracle, and whatever hurts them...
But then, OTOH, I've pretty little sympathy for Google either.
"Haag said that her client Hurst -- of the law firm Orrick, Herrington and Sutcliffe -- should not be sanctioned because of "one arguable mistake... "
No, it's an open-and-shut case of contempt of court. Lawyers are supposed to, like, know the law.
Yet again, lawyers think they should be above the law, unlike the rest of us.
Go on, Alsup, jail her or expect this to be used as a precedent..
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