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Hence Google's argument for de minimis, which the Jury seemed to reject, I guess? I'm still having trouble wading through the filings, rulings, and jury verdic
by greyfade 14y ago
Hence Google's argument for de minimis, which the Jury seemed to reject, I guess?
I'm still having trouble wading through the filings, rulings, and jury verdict.
- Natsu 14y agoI think that de minimus was only part of question 1 B, which they hung on. But I don't have the jury instructions or form in front of me, so I could be mistaken about that. Personally, I agree that it ought to be considered de minimus by any sensible definition. It's not so large as to be identifiable as part of the Java language. It's a tiny part of the entire work. It offers no identifiable contribution to the work's value. It is one of only a few sensible ways to express that concept. It has no literary or artistic merit and offers minimal creativity. And it was copied by the very person who wrote it in the first place. In short, this is a trivial piece of code that was mistakenly included and which caused no identifiable harm to Oracle, as further evidenced by the fact that they're not sending DMCA notices to HN to take it down. But that might just be a bad idea. I mean, what if they got that judge who ruled against a copyright troll saying that even quoting an entire news article could be fair use? EDIT: Found the SV form. I was wrong about the questions. Question 3 is the only one to mention de minimus, but it's pretty confusingly worded, though it sounds like they did not believe it was de minimus, something I strongly disagree with.