More Jury Questions, Hair Splitting in Google v. Oracle

The jurors in the Oracle vs. Google trial seem to be inching closer to a verdict as they returned with another note at the U.S. District Court on Thursday morning.

This time, the question addressed the third out of four questions that the jury must decide upon unanimously, which are listed at end of the 21-page set of instructions.

That question reads, “Has Oracle proven that Google’s conceded use of the following was infringing, the only issue being whether such use was de minimis,” which refers to an item being so small or insignificant that it wouldn’t count as infringement.

Also in reference to the instructions, the juror who wrote the question was concerned over who should be considered the “general audience” in this case when considering who could determine if something would count as copying or not.

Splitting hairs once again, Oracle’s lead counsel Michael Jacobs quibbled briefly with Google attorneys Robert Van Nest and Bruce Baber.

Essentially, Oracle is skeptical about reported losses associated with Android as well as how certain items — especially related to engineering — were expensed.

On Wednesday, the jury returned with more questions that pointed towards copyright infringement. Although the answer didn’t entirely please Google’s lawyers, Judge Alsup instructed the jury that they could consider both direct and indirect streams of revenue related to Android.


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