Follow Us

We use cookies to provide you with a better experience. If you continue to use this site, we'll assume you're happy with this. Alternatively, click here to find out how to manage these cookies

hide cookie message

Oracle contests Google's 'fair use' of Java code in appeal

Alleged Android infringement case still not settled

Article comments

An appeals court should rule, as a matter of law, that Google's commercial use of Java in a market where Oracle already competed was not fair use, the software company said in a filing.

"This Court should not stop at finding that Google infringed Oracle's copyrighted work. A remand to decide fair use is pointless," Oracle said in a filing on Monday to the U.S. Court of Appeals for the Federal Circuit.

Oracle is appealing a decision by Judge William H. Alsup of the US District Court for the Northern District of California.

Google was cleared last May of most of the infringement claims in Oracle's lawsuit, although it was found to have copied a few small portions of Oracle's Java code.

The main issue at trial was whether Google had copied 37 of Oracle's Java APIs (application programming interfaces) in its Android OS. But the judge ruled in May that the APIs were not eligible for copyright protection under US law.

The jury hung on Google's fair-use defense, and thereafter the District Court ruled that the infringed code and organization of the 37 packages were devoid of copyright protection, Oracle said in its filing.

Android was designed to be incompatible with and fragment the Java platform, and was also designed to replace Java SE derivative works in the smartphone market, Oracle said in the filing. By offering a Java-friendly programming environment without licensing fees, Google thus hurt Oracle's already very lucrative business opportunities in licensing to the mobile and smartphone market, it added.

"Nothing about Google's use was fair," Oracle said in the filing. Google could not be immediately reached for comment.



Share:

More from Techworld

More relevant IT news

Comments



Send to a friend

Email this article to a friend or colleague:

PLEASE NOTE: Your name is used only to let the recipient know who sent the story, and in case of transmission error. Both your name and the recipient's name and address will not be used for any other purpose.

Techworld White Papers

Choose – and Choose Wisely – the Right MSP for Your SMB

End users need a technology partner that provides transparency, enables productivity, delivers...

Download Whitepaper

10 Effective Habits of Indispensable IT Departments

It’s no secret that responsibilities are growing while budgets continue to shrink. Download this...

Download Whitepaper

Gartner Magic Quadrant for Enterprise Information Archiving

Enterprise information archiving is contributing to organisational needs for e-discovery and...

Download Whitepaper

Advancing the state of virtualised backups

Dell Software’s vRanger is a veteran of the virtualisation specific backup market. It was the...

Download Whitepaper

Techworld UK - Technology - Business

Innovation, productivity, agility and profit

Watch this on demand webinar which explores IT innovation, managed print services and business agility.

Techworld Mobile Site

Access Techworld's content on the move

Get the latest news, product reviews and downloads on your mobile device with Techworld's mobile site.

Find out more...

From Wow to How : Making mobile and cloud work for you

On demand Biztech Briefing - Learn how to effectively deliver mobile work styles and cloud services together.

Watch now...

Site Map

* *