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I recently stressed in connection with Apple v. Samsung II that, until the time of that post, mass media reports simply hadn't focused on the real issue in that dispute: workarounds. Apple can win all sorts of rulings, but as long as Samsung's products still look the same (or pretty much the same) to consumers, it won't slow down, much less stop the erosion of its global market share.

In Oracle's case, monetary relief is definitely inadequate compensation for what Google did to Java. This is an injunction case much more so than a damages case, and the strategic value of an injunction far outweighs any damages claim the court would ever allow Oracle to present to a jury, even with willfulness enhancements (triple damages).

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