Case 3:10-cv-03561-WHA Document 1745 Filed 04/28/16 Page 1 of 3

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ORRICK, HERRINGTON & SUTCLIFFE

KAREN G. JOHNSON-MCKEWAN # 121570
kjohnson-mckewan@orrick.com
ANNETTE L. HURST # 148738
ahurst@orrick.com
GABRIEL M. RAMSEY # 209218
gramsey@orrick.com
405 Howard Street
San Francisco, California 94105-2669
Tel: (415) 773-5700/Fax: (415) 773-5759

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PETER A. BICKS (pro hac vice)

pbicks@orrick.com
LISA T. SIMPSON (pro hac vice)
lsimpson@orrick.com
51 West 52nd Street
New York, New York 10019-6142
Tel: (212) 506-5000/Fax: (212) 506-5151

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ORACLE CORPORATION
DORIAN DALEY # 129049
dorian.daley@oracle.com
DEBORAH K. MILLER # 95527
deborah.miller@oracle.com
MATTHEW M. SARBORARIA # 211600
matthew.sarboraria@oracle.com
RUCHIKA AGRAWAL # 246058
ruchika.agrawal@oracle.com
500 Oracle Parkway
Redwood City, CA 94065
Tel: (650) 506-5200/Fax: (650) 506-7117

KEKER & VAN NEST LLP

ROBERT A. VAN NEST - # 84065
rvannest@kvn.com
CHRISTA M. ANDERSON - # 184325
canderson@kvn.com
DANIEL PURCELL - # 191424
dpurcell@kvn.com
633 Battery Street
San Francisco, CA 94111-1809
Telephone: (415) 391-5400
Facsimile: (415) 397-7188
KING & SPALDING LLP
BRUCE W. BABER (pro hac vice)
bbaber@kslaw.com
1180 Peachtree Street, N.E.
Atlanta, Georgia 30309
Telephone: (404) 572-4600
Facsimile: (404) 572-5100
Attorneys For Defendant
GOOGLE INC.

Attorneys for Plaintiff

ORACLE AMERICA, INC.

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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ORACLE AMERICA, INC.,

Plaintiff,

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v.

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GOOGLE INC.,

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Defendant.

Case No. CV 10-03561 WHA

JOINT SUBMISSION RE: WHAT IS AND
IS NOT COPYRIGHT PROTECTED AND
THE MEANING OF DECLARING CODE
AND SSO
Dept.
Judge:

Courtroom 8, 19th Fl.

Hon. William Alsup

Trial date: May 9, 2016

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JOINT SUBMISSION RE COPYRIGHT PROTECTION, DECLARING CODE, AND SSO
Case No. CV 10-03561 WHA

Case 3:10-cv-03561-WHA Document 1745 Filed 04/28/16 Page 2 of 3

JOINT SUBMISSION REGARDING COPYRIGHT PROTECTION, DECLARING

CODE, AND STRUCTURE, SEQUENCE, AND ORGANIZATION

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Pursuant to the Courts Order (ECF No. 1688), the parties met and conferred in person on

drafting a paragraph to explain to the jury precisely what was (and was not) copyrightable and to

explain what structure, sequence, and organization and declaring code mean. As the parties

were unable to reach agreement, each party has submitted its own separate proposal. Oracles

proposed explanation is attached as Appendix A. Googles proposed explanation is attached as

Appendix B.

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Dated: April 28, 2016

ORRICK, HERRINGTON &

SUTCLIFFE LLP

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By: /s/ Andrew D. Silverman
KAREN G. JOHNSON-MCKEWAN
ANNETTE L. HURST
GABRIEL M. RAMSEY
PETER A. BICKS
LISA T. SIMPSON

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Attorneys for Plaintiff

ORACLE AMERICA, INC.

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Dated: April 28, 2016

KEKER & VAN NEST LLP

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By:

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/s/ Robert A. Van Nest

ROBERT A. VAN NEST
CHRISTA M. ANDERSON
DANIEL PURCELL
Attorneys For Defendant
GOOGLE INC.

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JOINT SUBMISSION RE COPYRIGHT PROTECTION, DECLARING CODE, AND SSO

Case No. CV 10-03561 WHA

Case 3:10-cv-03561-WHA Document 1745 Filed 04/28/16 Page 3 of 3

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ATTESTATION
I, Andrew D. Silverman, am the ECF User whose ID and password are being used to file

the JOINT SUBMISSION REGARDING COPYRIGHT PROTECTION, DECLARING

CODE, AND STRUCTURE, SEQUENCE, AND ORGANIZATION. I hereby attest that

Bruce W. Baber, one of the counsel for Google Inc., has concurred in this filing.

Date: April 28, 2016

/s/ Andrew D. Silverman

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JOINT SUBMISSION RE COPYRIGHT PROTECTION, DECLARING CODE, AND SSO
Case No. CV 10-03561 WHA

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APPENDIX A

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Oracles Proposed Definition of Declaring Code and SSO

The Java API is a set of prewritten computer programs, generally organized into packages,

classes, and methods. The packages, classes, and methods are comprised of both declaring code and

implementing code. The declaring code, sometimes referred to as declarations, is human-readable

source code the purpose of which is to understand and make use of the implementing code. The

declaring code organizes and specifies the elements of the API, such as packages, classes, interfaces,

methods, and fields. The implementing code carries out the functions. The declaring code also

creates the structure, sequence, and organization (SSO) of the Java API. The SSO reflects the

relationship between and among the elements of the API. The declaring code and the SSO of the Java

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API are each protected by copyright. Oracles copyright does not extend to the idea of organizing

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code into packages, classes and methods, but it does protect the specific declaring code and SSO of

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Oracles Java API. Googles copying of the declaring code and SSO of 37 Java API packages is

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therefore copyright infringement unless Google establishes the defense of fair use

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APPENDIX B

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GOOGLES PROPOSED STATEMENT

REGARDING COPYRIGHTABILITY HOLDINGS
For purposes of this trial, you must assume that the declaring code and the structure,
sequence and organization (or SSO) of the 37 Java SE API packages that Google used in
Android are protected by copyright.
You must also assume that the underlying ideas, systems, methods of operation, concepts
and principles that are embodied in the declaring code or the SSOsuch as the idea of
organizing functions of a computer program or the package-class-method organizational
structureare not protected by copyright.
The declaring code identifies a specific prewritten function and is sometimes referred
to as the method declaration, header or signature. The purpose of this header is to name
the method (or other element) and specify very precisely the inputs, output, parameters and
function performed by the method, so that a programmer can understand and correctly make use
of the accompanying implementing code that carries out the desired function. The expressions
used by the programmer from the declaring code, known as the method calls, command the
computer to execute the associated implementing code, which gives the computer the step-bystep instructions for carrying out the desired function. The declaring code for all of the methods
or other elements in a package, taken as a group, also creates the structure, sequence and
organization (SSO) of the API package in which the elements are found.
The SSO of an API package is the overall scheme that organizes the names of the
methods, classes and interfaces within a package. As opposed to the specific individual headers
that comprise the declaring code, the copyright in the SSO of an API package protects the
specific way of naming and organizing the overall package.
Just as there are no claims in this trial based on the ideas underlying the declaring code,
there are also no claims in this trial that the implementing code used by Google in the 37 accused
API packages in Android, which performs the specific functions defined by the declaring code,
infringes any copyright rights of Oracle.

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