Google Files Motion for Leave to File Motion for Summary Judgment on Oracle's Copyright Claim
Feb 17, 2011, 23:05 (0 Talkback[s])
(Other stories by Pamela Jones)
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"Google has sent a letter [PDF] to Judge William Alsup, asking
leave to file a motion for summary judgment on Count VIII of
Oracle's Amended Complaint in Oracle v. Google.
"Count VIII is the one about copyright infringement. So
regardless of how the judge rules, we get to see Google's position,
which if I translate into non-legalese would be: "What we did isn't
actionable, being covered by fair use or the files are so few their
use is de minimis or they are not copyrightable." I have done the
letter as text for you.
"If you recall, the judge issued an order [PDF] last week saying
neither party could file such a motion without permission, because
he's really busy with a criminal case. He told them to file a
summary of what they'd like to file in a motion in a request to
him, and the other side can respond if they wish to oppose two
business days later, so that's what will happen next, I expect,
that Oracle will oppose letting Google file the motion. Then the
judge will decide if Google can file the motion or not.
"Here's the docket entry:"