Its all BS. The judge is full of it.
Using this judge’s logic, a person should be able to go to college and download all their papers, project assignments, and homework submissions from a copyrighted source, turn them in and get full credit for them.
When the student gets found out for cheating and for copyright infringement, this judge thinks they can justifiably claim “it was only an accident.” They should be given the benefit of the doubt, and get chance to recreate their submissions on their own.
Someone at Google made a decision to do what was done. They planned to copy Intellectual Property from Oracle, and they carried out their plan.
I hope Larry Ellison extracts $Billions out of Google!
No the judge is right and there is good case law to back him up.
You said Using this judge’s logic, a person should be able to go to college and download all their papers, project assignments, and homework submissions from a copyrighted source, turn them in and get full credit for them.
To make your example actually work according to the scale used here, we would have to make some changes to your parameters.
If you have 2 students who sit at opposite ends of the class room each writing a 2 page essay as part of an exam and each used an exact copy of the same sentence at some point in the essay.
Then the instructor decided that it was "similar but reasonable", and passed both students.
That's a comparison using students/papers/cheating in a scale that matches the case here.
I hope Larry Ellison extracts $Billions out of Google!
Really???!!! Someone inadvertently or on accidently on purpose produced 9 lines of code to implement brain dead pseudo-code like "if ((x < 1) OR (x > 10)) then throw an exception" when they literally (as the judge says) could have written this in their sleep, or in little more than a minute, and suddenly its a "plan" to steal IP from Oracle? Really???!!! As a long time hardware/software/systems engineer & more recently DRE software architect, this is laughable beyond comprehension.
Look, I understand the sentiment to hate the libs at Google and want to see them taken to the cleaners & punished financially - for whatever reason. But this nonsense isn't it. Despite all recent evidence to the contrary, I really want to believe that the rule of law and common sense still count for something in this Godforsaken socialist run country. But this is like charging someone a billion dollars for looking at you the wrong way.
Morever, I might add that in the pantheon of despicable high tech software companies - including Google, Oracle, IBM, Apple & Microsoft, I'd unfortunately put those greedy, open source killing/looting b@astards at Oracle at the top of the list - although the others are close behind.