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Submission + - Oracle Says Google Throws Its Users Under The Bus ( 3

An anonymous reader writes: The heat is on between Oracle and Google in their patent and copyright lawsuit. Oracle's lawyers just told the court that 'Google now wants to throw its licensees and users under the bus' by refusing to be liable for every Android-based device out there. It's also about the burden of proof. Oracle has produced almost 400 pages of claim charts and other material to prove infringements based on the public codebase, but Google wants to see this for individual devices. Groklaw thinks Oracle 'saw the case as a slam dunk, and Google is not cooperating.' FOSS Patents (Florian Mueller) says Google is at the top of a billion-dollar pyramid, is projected to generate mobile advertising income to the tune of $1.3 billion next year thanks to Android, and should 'assume responsibility' and solve the problem 'for the entire ecosystem' because otherwise Oracle might sue device makers, operators, or even app developers or users.

Submission + - Judge Says RIAA "Disingenuous", Decision S

NewYorkCountryLawyer writes: "Judge Lee R. West in Oklahoma City, Oklahoma, has rejected the arguments made by the RIAA in support of its "reconsideration" motion in Capitol v. Foster as "disingenuous" and "not true", and accused the RIAA of "questionable motives". In the decision (pdf), reaffirming his earlier decision that defendant Debbie Foster's is entitled to be reimbursed for her attorneys fees, the Court, among other things, emphasized the Supreme Court's holding in Fogerty v. Fantasy, Inc. that "because copyright law ultimately serves the purpose of enriching the general public through access to creative works, it is peculiarly important that the boundaries of copyright law be demarcated as clearly as possible. Thus, a defendant seeking to advance meritorious copyright defenses should be encouraged to litigate them to the same extent that plaintiffs are encouraged to litigate meritorious infringement claims." Judge West also noted that he had found the RIAA's claims against the defendant to be "untested and marginal" and its "motives to be questionable in light of the facts of the case"; that the RIAA's primary argument for its motion — that the earlier decision had failed to list the "Fogerty factors" — was belied by unpublished opinions in which the RIAA had itself been involved; that the RIAA's argument that it could have proved a case against Ms. Foster had it not dropped the case was "disingenuous"; and that the RIAA's factual statements about the settlement history of the case were "not true". This is the same case in which an amicus brief had been filed by the ACLU, Public Citizen, EFF, AALL, and ACLU-Oklahoma in support of the attorneys fees motion, the RIAA questioned the reasonableness of Ms. Foster's lawyer's fees and was then ordered to turn over its own attorneys billing records, which ruling it complied with only reluctantly."

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