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But being a hypocrite is not a crime. The original question was: what legal relevance does that have? I have the same question, although I suspect the answer is "none." Although anything that makes Oracle look bad might help Google by biasing a judge, even if only a little.

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http://en.wikipedia.org/wiki/Estoppal

Hypocrisy isn't a crime, but it can invalidate a claim if you publicly state one interpretation of law and later state another.

IANAL, but I'm pretty sure estoppel only applies to legal facts and promises. Merely stating that you think things should be a certain way and then changing your mind when something else would be more beneficial is not grounds for estoppel. Unless Oracle successfully sued for openness or told somebody that it would not do this, I don't see how they could be estopped.

I gathered it was related to the Unclean Hands (http://en.wikipedia.org/wiki/Unclean_hands) claim - but I am just a coder.

Edit: Because "The defendant has the burden of proof" that was included as (part of?) the proof they would need to provide

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