Linked by Thom Holwerda on Thu 28th Oct 2010 20:07 UTC, submitted by poundsmack
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You are, in fact, correct that the simple remedy is re-implementing the code in a clean room context.
You are not correct that Google is not culpable. If I publish an encyclopedia from some content I found on-line marked as 'public domain' and it is later found to be the property of another party I would, at a minimum, have to pay damages to the other party equal to some percentage of revenue I might have derived from that content.
All that said, this is just a side show for Oracle to show that Google is being disingenuous. A side show to the main event if you will.
You are not correct that Google is not culpable. If I publish an encyclopedia from some content I found on-line marked as 'public domain' and it is later found to be the property of another party I would, at a minimum, have to pay damages to the other party equal to some percentage of revenue I might have derived from that content.
All that said, this is just a side show for Oracle to show that Google is being disingenuous. A side show to the main event if you will.
And since Google does not sell the code in question, how can the damages be calculated?




Member since:
2006-01-01
You are, in fact, correct that the simple remedy is re-implementing the code in a clean room context.
You are not correct that Google is not culpable. If I publish an encyclopedia from some content I found on-line marked as 'public domain' and it is later found to be the property of another party I would, at a minimum, have to pay damages to the other party equal to some percentage of revenue I might have derived from that content.
All that said, this is just a side show for Oracle to show that Google is being disingenuous. A side show to the main event if you will.