Oracle named two such Google-funded influencers in its court filings: Ed Black, the head of the Computer and Communications Industry Association, and Jonathan Band, a lobbyist who includes CCIA amongst his clients. Black couldn’t be reached immediately for comment, but in an email, Brand said, “Oracle until recently also was a member of CCIA. I do not represent Google.”
It’s not clear why Judge Alsup would think that the question of paid bloggers is material to this case. In his August 7 order, the judge hinted at an answer, saying, “the disclosure required by this order would be of use on appeal,” but he has yet to clearly spell out his concerns. Oracle says it plans to appeal the case.
So if Judge Alsup was looking for a particular disclosure from either Google or Oracle, he’s likely to be disappointed, according to Eric Goldman a law professor at Santa Clara University. “Oracle told us about people we already knew and Google didn’t tell us about anybody,” he said. “Both parties have effectively put the issue back into the judge’s hand.”
Google’s filings essentially force the judge to either more clearly define what he is looking for, or to walk away from the issue altogether, Goldman says.