Phase 1 of the trial of Oracle v Google ends this week with summations on copyright today. The judge is under pressure to rule on dismissal as a matter of law of some/all of Oracle’s claims of copyright violation because Oracle has not shown any evidence that’s compelling that it even owns the copyrights in question. The filing with the copyright office was for a collection and Google only used bits and pieces of Java’s specifications. It may be that the jury will be given only a tiny fraction of the matter to decide, or even nothing at all. It may be that the only fact remaining to be decided is whether or not Google copied the documentation which was permitted to be copied under the GPL … I expect the day will not end before the judge gives a ruling although, in principle, he could wait until the jury gives its verdict. I would think that the ruling would be important for the summations. Oracle’s lawyers must be wishing they were elsewhere about now.
Stay tuned at GROKLAW.
UPDATE The matter has gone to the jury and it appears the judge will not make his ruling until after the jury speaks.