Oracle America, Inc. v. Google Inc.
ADJUSTMENTS TO FAIR-USE INSTRUCTION. Signed by Judge Alsup on 4/22/16. (whalc1, COURT STAFF) (Filed on 4/22/2016)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
ORACLE AMERICA, INC.,
For the Northern District of California
United States District Court
ADJUSTMENTS TO FAIR-USE
No. C 10-03561 WHA
The Court intends to amend its already-circulated proposed fair-use instructions (Dkt.
No. 1688) to include (with slight modification for context) the statement of our court of appeals
in Wall Data Inc. v. Los Angeles County Sheriff’s Dept., 447 F.3d 769 (9th Cir. 2006), at page
778, first full paragraph, first column, beginning with “as we balance” through “as reasonable.”
This insert will go in the last paragraph of the instruction. Also, on page 5, line 23, the phrase
“Unless it was a fair use, however,” will be added before “Google” and “however” will be
deleted on the next line, this to avoid an unintended misstatement of law. Please take these
adjustments into account in your upcoming critiques.
IT IS SO ORDERED.
Dated: April 22, 2016.
UNITED STATES DISTRICT JUDGE
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