Oracle America, Inc. v. Google Inc.

Filing 1598

REQUEST FOR RESPONSE RE FOURTH FAIR USE FACTOR Responses due by 4/11/2016 at NOON.. Signed by Judge Alsup on 4/6/16. (whalc1, COURT STAFF) (Filed on 4/6/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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ORACLE AMERICA, INC.,

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For the Northern District of California

United States District Court

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No. C 10-03561 WHA

Plaintiff,
v.
GOOGLE INC.,

REQUEST FOR RESPONSE RE
FOURTH FAIR USE FACTOR

Defendant.
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By MONDAY AT NOON, both sides shall please submit a memo assisting the Court with

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the legal issue of whether the fourth fair use factor, which considers “the effect of the use upon

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the potential market for or value of the copyrighted work,” focuses on the potential market for

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or value of the copyrighted work itself as opposed to uncopyrighted hypothetical products that

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might have included elements of the copyrighted work in an alternate universe.

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Put differently, under the law, does the fourth factor focus on the impact of Android’s

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use of the structure, sequence, and organization of the 37 API packages on what Java 2

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Standard Edition 1.4 or Java 2 Standard Edition 5.0 could be sold for in the market place?

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Please also summarize the specific evidence that will be presented on this specific question.

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Please do NOT EXCEED TEN PAGES (no footnotes or attachments).

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Dated: April 6, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE