Oracle v. Google Resources Page (pinned)

by Lee Gesmer on November 17, 2019

Click here to access my Resources Page on Oracle v. Google, currently pending before the Supreme Court.… Read the full article

Does Your Lawyer Have Emotional Intelligence?

by Lee Gesmer on March 4, 2020

Does Your Lawyer Have Emotional Intelligence?

“Discourage litigation. Persuade your neighbors to compromise whenever you can. Point out to them how the nominal winner is often a real loser – in fees, expenses, and waste of time. As a peacemaker the lawyer has a superior opportunity of being a good man.” Abraham Lincoln.

Does your lawyer have emotional intelligence? Or if you’re a lawyer, do you?

Listening to a couple of doctors on radio interviews talk about how important emotional intelligence is for the doctor-patient relationship got me thinking about emotional intelligence in the context of lawyering.

What is emotional intelligence (EQ)? Howard Gardener describes it this way –

Your EQ is the level of your ability to understand other people, what motivates them and how to work cooperatively with them,” says Howard Gardner, the influential Harvard theorist. Five major categories of emotional intelligence skills are recognized by researchers in this area.

He goes on to describe the five major factors, one of which is empathy:

The ability to recognize how people feel is important to success in your life and career.

Read the full article

Oracle v. Google: Will The Best Analogy Win?

by Lee Gesmer on January 17, 2020

Oracle v. Google: Will The Best Analogy Win?

 

Analogies, it is true, decide nothing, but they can make one feel more at home – Sigmund Freud

One good analogy is worth three hours discussion – Dudley Field Malone

Oracle v. Google, now before the Supreme Court, is a complicated case in more ways than one. The copyright law issues are difficult, but the case is made even more challenging by its subject matter, which involves highly technical and abstruse computer technology. Judges have a hard enough time applying copyright law to traditional media like music, novels and photographs, but software copyright cases add another order of magnitude of complexity.

The legal briefs now before the Supreme Court are overflowing with computer jargon. You can read all about the “Java language,” the “Java virtual machine,” the “Dalvik virtual machine,” “application programming interfaces (APIs),” “packages,” “classes,” “calls,” “declarations,” “methods,” “implementing code” and “declaring code,” and much more.Read the full article

Does Genius Have an Illegal “Scraping” Case Against Google?

Genius Media Group Inc., the owner of the music lyric site genius.com has sued Google and LyricFind for “scraping” lyrics from the genius.com website. Two aspects of this new case (only a complaint so far) are interesting – the way that Genius established that Google was scraping, which is quite clever, and the basis for Genius’s legal claim which appears to be quite weak.

Assume you have a work that you want to protect from copying but that you can’t copyright. You might be unable to use copyright law because it’s a database or compilation that lacks sufficient originality. Or, perhaps you’ve licensed the components of the database and you don’t own the copyright in them.

This is the position Genius is in. Genius publishes song lyrics online. Many of these lyrics are crowd-sourced by the Genius user community. However, Genius doesn’t own the lyrics – it licenses the right to publish them from authors and publishers.Read the full article

Oracle v. Google In a Nutshell

December 6, 2019

Oracle’s copyright case against Google has dragged on for nine years. The case has generated multiple federal district court trials and appellate decisions. Hundreds of thousands of words have been written on the case. Academic careers have been built on it (OK, I’m exaggerating, but not by much).

Now that the case is before the Supreme Court a new, even larger audience wants to understand it. However, few people want to struggle through the lengthy court decisions or law review articles.

Here is my summary of the issues in the case in a nutshell. Almost all jargon and many details omitted. 

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First Issue – copyrightability. Oracle owns the Java programming language. Part of Java is an application programming interface (“the Java API”). These are pre-written programs that allow programmers to perform common programming tasks. When Google built its Android smartphone operating system it copied verbatim a significant portion (over 11,000 lines) of the Java API.Read the full article

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