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New list is demanded

Google Inc. (GOOG) beat Oracle Corp. (ORCL), in the Java infringement lawsuit, but even before the inevitable appeal, it is struggling with embarrassing questions regarding payments to bloggers.

Oracle and Florian Mueller -- a blogger who for months predicted Google would lose the case -- announced late in the case that they had established a financial relationship.  Mr. Mueller, now a paid Oracle consultant, claimed that his earlier commentary was not biased, but rather was simply a testament to how unpredictable legal cases are.

Oracle implied in filings before Judge William Alsup of the U.S. District Court for the Northern District of California (San Jose/San Francisco) that Google might have similar paid "independent" analysts.  Judge Alsup agreed, ordering both companies to disclose their payments to media, suggesting that in this digital age of instant news, such payments could bias the jury, and hence be applicable in an appeal.

Both companies submitted their lists on Monday.

Florian Mueller
Florian Mueller (right) popped up on Oracle's payroll near the end of the case.
[Image Source: Malaysian International Gourmet Festival]

But according to Reuters, Judge Alsup said Google's list -- which included no paid analysts for the case -- was misleading.  He said that Google must submit a revised list indicating not only authors paid specifically for comments on the case, but also those who commented while receiving indirect payments (such as advertising deals) from Google.

Of course, most news sites use Google Ads to some degree, and most tech sites who sell banner ad have sold some advertisements to Google or its Android partners.  Presumably all these payments are fair game -- which would suggest that Google will have to list nearly every news site.

Comments Judge Alsup, "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... 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 said it would comply with the order, and has until Friday (Aug. 24) to do so.

Source: Reuters


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This Suggests Google Just Needed Clarification
By RufusM on 8/21/2012 2:24:31 PM , Rating: 2
Google just needed the judge to clarify the intent behind the order or they would inundate the court with every news site they delivered ad payments to. Sure, this might be a delay tactic but I don't see any ill intentions behind this. It will be interesting to see who Google lists.




RE: This Suggests Google Just Needed Clarification
By Iaiken on 8/21/2012 2:50:37 PM , Rating: 2
I hope they bring it... in print form... just for antics sake.


By danjw1 on 8/21/2012 6:46:44 PM , Rating: 2
Yes, the whole list of it, have it carried in to the court room, the reams of paper in stacks and stacks listing every website that uses Google's advertising service. And set it in front of the Judge, just to show him how ridiculous this demand is.


RE: This Suggests Google Just Needed Clarification
By Solandri on 8/21/2012 6:20:06 PM , Rating: 2
Clarification is exactly what Google asked for. I'm kinda surprised the media is reporting it as the judge saying Google's list was insufficient.

From Google's submission to the court:
http://www.groklaw.net/article.php?story=201208171...
quote:
Given the rise of self-publishing, individual blogs, and other fora for coverage and opinion, it is possible that any number of individuals or organizations, including those with indirect or attenuated financial connections with the parties, might have expressed views regarding this case. Rather than flooding the Court with long lists of such individuals or organizations who might have written something about the case, Google outlines below several general categories of individuals and organizations and requests the Court's further guidance as to whether it would be useful for Google to provide more details or attempt to compile a more comprehensive list. Google does not believe that individuals or organizations within these categories were intended to be encompassed within the scope of the Court's Order but Google brings them to the Court's attention out of an abundance of caution. Neither Google nor its counsel has paid any individuals or organizations within these categories to report or comment on any issues in this case.

A. Universities and other non-profit entities ...

B. Organizations to which Google belongs or has made contributions...

C. Individuals who participate in Google's advertising programs and who have elected to comment on the case...

D. Google employees, vendors or contractors who may have commented on the case...

E. Expert consultants...

F. Witnesses identified for trial....

Basically, the judge said, go ahead, flood me.


By BifurcatedBoat on 8/22/2012 3:43:56 AM , Rating: 2
I don't really understand what the point of this is. Is there a potential incentive tied to the outcome of the case for any of the people Google is being asked to compile a list of?


Paid Bloggers
By momorere on 8/21/2012 3:47:58 PM , Rating: 1
If they really want to know about paid bloggers, they should come here to good old Daily Tech. Tony Swash aka Testerguy aka MacDevDude aka Michael2k is a prime example of a paid blogger that are the scum that is scrapped from the bottom of the barrel by these big corporations. Guru3d has a paid AMD rep that posts in their forums too. It is WAY beyond patethic when companies have to resort to this type of tactics but what else could/should we expect from the big douchebag comapny of all (Apple) ?




RE: Paid Bloggers
By Tony Swash on 8/21/2012 7:27:00 PM , Rating: 1
quote:
If they really want to know about paid bloggers, they should come here to good old Daily Tech. Tony Swash aka Testerguy aka MacDevDude aka Michael2k is a prime example of a paid blogger that are the scum that is scrapped from the bottom of the barrel by these big corporations.


Just for being such a ridiculous and conceited nob who actually thinks that anyone who has the audacity to disagree with you can only be doing it because they are paid, I post this for your consideration.

Have fun my dim witted one and may your blood pressure always rise :).

Who controls Android?

http://www.brianshall.com/content/who-controls-and...


RE: Paid Bloggers
By momorere on 8/21/2012 9:05:10 PM , Rating: 2
WOW !!! What a concept. Who would have thought that the almighty, always right, and all knowing paid crApple blogger iSheep Tony Swash would link to ANOTHER crApple iSheep's site to try and "prove a point or "fact" ? Certainly not EVERYONE on this site. It just can't be that he is so stupid that he can't or should I say won't accept what is reality and continues to live in his glorious crApple utopia. Yet ANOTHER pointless post be you. You must have gotten MANY MANY participation trophies as a kid for atleast trying. Nice to see that you atleast give it your best shot to try and seem intelligent. I'll give you another participation trophy as it was well deserved.


RE: Paid Bloggers
By Tony Swash on 8/22/2012 5:59:40 AM , Rating: 1
Do you KNOW that writing RANDOM words in UPPERCASE makes you sound LIKE the sort of NUTJOB who walks the streets SHOUTING at STRANGERS.


RE: Paid Bloggers
By momorere on 8/22/2012 9:52:10 AM , Rating: 2
I type words that I want to emphasize in caps instead of using bold lettering. I don't get where all the kids and retards think that caps are SHOUTING as I don't hear a single thing except the sound of my fingers hitting the keys. FYI, most people don't live and breathe the internet so, we take it for what it is worth. I see you don't respond to anyone's post that discredits your "facts" as usual. So, yet ANOTHER pointless/useless post by you. I'm really rooting for you to pull through one of these days and actually produce something of relevance, importance, or just a single fact (one that is well known and not a Tony Swash "fact").


Searching.............
By Meaker10 on 8/21/2012 10:39:58 PM , Rating: 2
Your search returned 90,000 result pages.




By haar on 8/22/2012 3:58:45 PM , Rating: 2
i believe Jason Mick is a paid blogger!... but by Whom?. (with respect to apple, i think the devil /facetious)
would be LOL; If his coverage wasn't so slanted against Apple.
and so neutral for everyone else.




Simple solution
By Beenthere on 8/21/12, Rating: -1
RE: Simple solution
By AMDftw on 8/21/2012 3:10:44 PM , Rating: 1
In that case, So should some of Apple execs then.


RE: Simple solution
By Argon18 on 8/21/2012 3:11:58 PM , Rating: 2
Don't forget the Microsoft execs. They've already been found guilty in many high profile legal cases here and in Europe.


RE: Simple solution
By Beenthere on 8/21/12, Rating: -1
RE: Simple solution
By Cheesew1z69 on 8/21/2012 4:11:36 PM , Rating: 2
Moron....


RE: Simple solution
By Etsp on 8/21/2012 4:57:42 PM , Rating: 2
What crimes, specifically?

Were these crimes committed during his tenure at Microsoft, or are they currently occurring through his work in the Bill and Melinda Gates Foundation? Or is this crime related to his pledge to donate 90%+ of his wealth to charities after he and his wife die?

In what way has he harmed humanity?


Baffling
By Reclaimer77 on 8/21/12, Rating: -1
RE: Baffling
By Argon18 on 8/21/2012 3:15:24 PM , Rating: 3
Sure paying bloggers is perfectly legal. But when those bloggers express opinions that are assumed to be their own, and when don't disclose who is paying them, it raises serious ethical questions.

Not to mention that high profile bloggers these days are viewed almost on par with the news media, in that people turn to these blogs to read up on current events. In that sense, paying bloggers to write biased content is akin to paying the nightly news to run biased news stories.


RE: Baffling
By Reclaimer77 on 8/21/2012 3:24:57 PM , Rating: 1
quote:
But when those bloggers express opinions that are assumed to be their own, and when don't disclose who is paying them, it raises serious ethical questions.


Since when??

quote:
Not to mention that high profile bloggers these days are viewed almost on par with the news media


Well hell, our news media is nothing but mouthpieces for the Democrat party. They sure as hell aren't unbiased either.

There's just no way to make an argument for this ruling that passes the muster or has any basis in common sense. Oracle gets nailed for paying a blogger, which let's be clear, we have NO idea if the jury even read. So the judge orders Google to release confidential company information and financial records...why? Just because?

Google absolutely should NOT comply with this ruling and take it up with a higher authority. Unless the world is upside down, this judge has no legal basis for making this demand on them. She might hold them in contempt, but let's be clear, no laws have been broken here by Google.


RE: Baffling
By NellyFromMA on 8/21/2012 3:28:12 PM , Rating: 2
quote:
Well hell, our news media is nothing but mouthpieces for the Democrat party. They sure as hell aren't unbiased either.


Correction, news media isn't anything other than a mouthpeice for BOTH political parties. Do I even need to cite Fox News which is the largest perpetrator? Each is guilty, lets not look at the issues with blinders on.


RE: Baffling
By macdevdude on 8/21/12, Rating: -1
RE: Baffling
By NellyFromMA on 8/21/2012 3:56:02 PM , Rating: 2
I neither care that much for Droid nor am I a liberal. I guess that means you've spoken like a pseudointellectual who thinks they know everything but actually knows nothing. You are the problem as it turns out. Change that.


RE: Baffling
By Cheesew1z69 on 8/21/2012 4:10:24 PM , Rating: 2
quote:
I guess that means you've spoken like a pseudointellectual who thinks they know everything but actually knows nothing.
Like all of his posts..


RE: Baffling
By Reclaimer77 on 8/21/2012 6:01:42 PM , Rating: 2
Yeah I don't get the whole "liberal Droidtard" thing. But then again I stopped trying to figure this kid out long ago. He probably wears skinsuits made of old women and masturbates to handbags or something...


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