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Submission + - Oracle, Microsoft, BSA, Scott McNeally, and others all gang up against Google ( 1

walterbyrd writes: "Yesterday there were numerous amicus briefs filed all on the same day and all in support of Oracle against Google in Oracle's appeal at the Federal Circuit. None of the briefs are posted publicly yet, but they should be available soon.

Microsoft has filed one, together with EMC Corporation, and NetApp, Inc. Scott McNealy has filed one with Brian Sutphin. Can McNealy be a witness for Oracle at trial, which he was [PDF], and also file an amicus brief? Well, he has. The Picture Archive Council of America, Inc. has filed one with the Graphic Artists Guild. Also there's one from the BSA. And finally Eugene Spafford, Zhi Ding, and Lee A. Hollaar have filed an amicus in support of Oracle. Hollaar seems to file a lot of amicus briefs.

So why do these entities and individuals care about this Java API case, do you suppose?

Brian Sutphin was the VP at Sun Microsystem who in 2003 signed the deal with SCO Group's (then Caldera) then-CEO Darl McBride just days after Caldera filed its suit against IBM. I know. It kind of makes your skin crawl, doesn't it? He also testified at trial for Oracle. Both he and McNealy told the court with straight faces that Jonathan Schwartz's corporate blog was personal, not a company blog.
All filed on the same day. Less than a week after Oracle filed its appeal brief. Before Google even files its responding brief. Does it feel a little bit coordinated to you?

The company Oracle keeps these days takes one's breath away. Who would ever have predicted an Oracle-Microsoft buddy system?"

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Oracle, Microsoft, BSA, Scott McNeally, and others all gang up against Google

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  • If you want to prove a coordinated attack, you need to look at how often and what pattern the various people involved write harsh letters or lawsuits.

    If for instance, each of these people writes something legal towards another company about once a month -- chances are that when a company like Google cuts such a wides swath, then more than one company is going to be sending a legal brief their way.

    It's also not strictly illegal for companies to "collude" for legal representation -- it's only illegal for them

To do two things at once is to do neither. -- Publilius Syrus