Follow up on: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics

The parties made their disclosures. An article about it is here.  Google's list is here and Oracle's is here.

An interesting broader issue arsises from the allegation by Oracle (if true) about Google having a "network" of advisors, and what that might mean for broader issues, beyond this case. Oracle allege a vast network of folks paid to advance Google's IP agenda (pretty much in those words).  In one of my worlds, academic research and writing, no one discloses ties like that.  What if, for example, Google saw my masterful piece on why TheraSense might not be retroactive, and paid me $100,000 to publish it far and wide and further it, since it needed that defense to succeed in a case?  What if I'm just on a retainer to Google, but I'm blogging here on some on-going Google litigation, or a pending appeal?  Shouldn't I disclose that?

Anyhow, if Google wants to pay me a lot of money to write articles, they can, I'd just disclose it.  Hint, hint.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

4 thoughts on “Follow up on: Judge Alsup Orders Google and Oracle to Reveal Relationships with Bloggers, Journalists and Academics

  1. 3

    Missing, unethical? Only if one in your pay is not telling the truth and that somehow influences the trier of fact. We have such cases in the origin of IC in the US Supreme Court.

    IIRC, When Adams was president and Jefferson the VP, Jefferson paid editors of papers to call Adams a traitor and the like when he failed to declare war on France for some slight or another by the French foreign minister that Jefferson found offensive.

    Was that unethical?

  2. 2

    Ned you are missing something.

    Having the agenda is fine. No one is saying they cannot. Having the agenda and the relationship is fine. No one is saying it isn’t.

    What is being said is that it is unethical at the least to have such an agenda, such a relationship and not be upfront about it.

    Methinks you squawk too much on the “legal” basis and may have misplaced the equitable considerations involved.

  3. 1

    Oracle alleges Google has a vast network that promotes its IP agenda.

    What agenda? It that described? Why is it important to any issue in the case between the two.

    Secondly, even if Google has an agenda, does it have a 1st Amendment right to have such an agenda and to express its opinion?

    I am missing something. The legal basis for Oracles request.

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