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Re:Jury in Oracle v. Google finds in Google's favour by dragonwriter on Thursday May 26, 2016 @04:42PM (#11781390)
As I see it, only factor 1 clearly weights against Google at all; the other factor you think applied presumably is #4, but Android gaining market is irrelevant to that. The value of or market for Java shrinking compared to what it would otherwise be is what factor 4 is about, and while Oracle no doubt argued this point, it's certainly not indisputable.
Re:Jury in Oracle v. Google finds in Google's favour by DannyBee on Thursday May 26, 2016 @04:52PM (#11781492)
The supreme court has repeatedly stated that being commercial or not commercial is not the entire point, and the more transformative the use, the less it matters whether it is commercial or not.

(see the cite to campbell v. acuff rose, etc)

In fact, the precise argument y'all seem to make is disassembled in that case, because it's what the original court of appeals decision was in that case :

"The Court of Appeals reversed and remanded, holding that the commercial nature of the parody rendered it presumptively unfair under the first of four factors relevant under § 107; that, by taking the "heart" of the original and making it the "heart" of a new work, 2 Live Crew had, qualitatively, taken too much under the third § 107 factor; and that market harm for purposes of the fourth § 107 factor had been established by a presumption attaching to commercial uses."

They also explicitly said: " The statutory examples of permissible uses provide only general guidance. The four statutory factors are to be explored and weighed together in light of copyright's purpose of promoting science and the arts. Pp. 574-578."

Re:Jury in Oracle v. Google finds in Google's favour by dragonwriter on Thursday May 26, 2016 @04:57PM (#11781534)
I'll agree that I was too hasty in agreeing that factor 1 weighs against Google in my rush to make the case that factor 4 isn't a slam dunk.