Oracle America, Inc. v. Google Inc.

Filing 1716

ADJUSTMENTS TO FAIR-USE INSTRUCTION. Signed by Judge Alsup on 4/22/16. (whalc1, COURT STAFF) (Filed on 4/22/2016)

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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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Plaintiff,
v.
GOOGLE INC.,

ADJUSTMENTS TO FAIR-USE
INSTRUCTION

Defendant.
/

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No. C 10-03561 WHA

The Court intends to amend its already-circulated proposed fair-use instructions (Dkt.

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No. 1688) to include (with slight modification for context) the statement of our court of appeals

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in Wall Data Inc. v. Los Angeles County Sheriff’s Dept., 447 F.3d 769 (9th Cir. 2006), at page

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778, first full paragraph, first column, beginning with “as we balance” through “as reasonable.”

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This insert will go in the last paragraph of the instruction. Also, on page 5, line 23, the phrase

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“Unless it was a fair use, however,” will be added before “Google” and “however” will be

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deleted on the next line, this to avoid an unintended misstatement of law. Please take these

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adjustments into account in your upcoming critiques.

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IT IS SO ORDERED.

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Dated: April 22, 2016.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE