Oracle contests Google's 'fair use' of Java code in appeal
Oracle contests a decision by the U.S. District Court for the Northern District of California
IDG News Service - 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 U.S. 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 U.S. 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.
- Improving IT Efficiencies: Four Advantages of Multi-Tenant Data Centers Increasing demands on IT are forcing organizations to rethink their data center options. For many organizations, that means turning to the flexibility afforded...
- Accelerating Cloud Deployment and Operations with Managed Services Companies that do not have sufficient in-house expertise to either deploy or maintain an IaaS cloud should turn to Managed Service Providers .
- Rethinking IT Operations in the Cloud This paper breaks down the challenges that often prevent the cloud from delivering the fast, flexible and affordable infrastructure companies seek - and...
- Gartner Magic Quadrant for Cloud-Enabled Managed Hosting, North America Cloud-enabled managed hosting brings cloudlike consumption and provisioning attributes to the traditional managed hosting market
- NSS Labs & Cisco Present: Evaluating Leading Breach Detection Systems Today's constantly evolving advanced malware and APTs can evade point-in-time defenses to penetrate networks. Security professionals must evolve their strategy in lockstep to...
- Will the Real Endpoint Threat Detection and Response Please Stand Up? This webinar explores new technologies & process for protecting endpoints from advanced attackers as well as the innovations that are pushing the envelope... All Legal White Papers | Webcasts