Google Fails To Comply With Judge’s Disclosure Request In Oracle Trial
It seems the Google vs Oracle patent lawsuit is in the spotlight again, this time with Google failing to comply with a disclosure request
by federal judge William Alsup. The request was issued in order to see the documents showing both companies’ payments to bloggers and writers that are covering the trial. Essentially Google failed to comply with the August 7th order and has been been asked to again comply by August 24th at noon. This time however the request has been clarified to keep this side stepping by Google from happening again. To put it simply the Judge stated “Oracle managed to do it. Google can do it too by listing all commenters known by Google to have received payments as consultants, contractors, vendors, or employees.” All thats left now is to wait until August 24th and see what happens.
The August 7 order was not limited to authors paid…to report or comment or to quid pro quo situations. Rather, the order was designed to bring to light authors whose statements about the issues in the case might have been influenced by the receipt of money from Google or Oracle. For example, Oracle has disclosed that it retained a blogger as a consultant. Even though the payment was for consulting work, the payment might have influenced the bloggers reports on issues in the civil action. Just as a treatise on the law may influence the courts, public commentary that purports to be independent may have an influence on the courts and/or their staff if only in subtle ways. If a treatise author or blogger is paid by a litigant, should not that relationship be known?
In the Courts view, Google has failed to comply with the August 7 order. Google is directed to do so by FRIDAY, AUGUST 24 AT NOON with the following clarifications. Payments do not include advertising revenue received by commenters. Nor does it include experts disclosed under Rule 26. Google suggests that it has paid so many commenters that it will be impossible to list them all. Please simply do your best but the impossible is not required. Oracle managed to do it. Google can do it too by listing all commenters known by Google to have received payments as consultants, contractors, vendors, or employees. As for organizations receiving money, they need not be listed unless one of its employees was a commenter. Gifts to universities can be ignored. Again, Google need only disclose those commenters that can be identified after a reasonably diligent search. Oracle must supplement its list if this order clarifies any issue for Oracle.
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