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Google Files Motion for Leave to File Motion for Summary Judgment on Oracle's Copyright Claim

By Pamela Jones et al.

Google has sent a letter [PDF] to Judge William Alsup, asking leave to file a motion for summary judgment on Count VIII of Oracle's Amended Complaint in Oracle v. Google.

Count VIII is the one about copyright infringement. So regardless of how the judge rules, we get to see Google's position, which if I translate into non-legalese would be: "What we did isn't actionable, being covered by fair use or the files are so few their use is de minimis or they are not copyrightable." I have done the letter as text for you.

If you recall, the judge issued an order [PDF] last week saying neither party could file such a motion without permission, because he's really busy with a criminal case. He told them to file a summary of what they'd like to file in a motion in a request to him, and the other side can respond if they wish to oppose two business days later, so that's what will happen next, I expect, that Oracle will oppose letting Google file the motion. Then the judge will decide if Google can file the motion or not.

Full post as published by Groklaw on February 17, 2011 (boomark / email).