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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 ORACLE AMERICA, INC., 11 For the Northern District of California United States District Court 10 12 13 14 Plaintiff, v. GOOGLE INC., ADJUSTMENTS TO FAIR-USE INSTRUCTION Defendant. / 15 16 No. C 10-03561 WHA The Court intends to amend its already-circulated proposed fair-use instructions (Dkt. 17 No. 1688) to include (with slight modification for context) the statement of our court of appeals 18 in Wall Data Inc. v. Los Angeles County Sheriff’s Dept., 447 F.3d 769 (9th Cir. 2006), at page 19 778, first full paragraph, first column, beginning with “as we balance” through “as reasonable.” 20 This insert will go in the last paragraph of the instruction. Also, on page 5, line 23, the phrase 21 “Unless it was a fair use, however,” will be added before “Google” and “however” will be 22 deleted on the next line, this to avoid an unintended misstatement of law. Please take these 23 adjustments into account in your upcoming critiques. 24 25 IT IS SO ORDERED. 26 27 28 Dated: April 22, 2016. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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