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.
- Best iPhone, iPad Business Apps for 2014
- 14 Tech Conventions You Should Attend in 2014
- 10 Desktop Apps to Power Your Windows PC
- How to Add New Job Skills Without Going Back to School
- Slideshow: 7 security mistakes people make with their mobile device
- iOS vs. Android: Which is more secure?
- 11 sure signs you've been hacked
Red Hat Enterprise Linux - The Original Cloud Operating System
Linux adoption is growing against a number of measures, such as the
number of supercomputers that run Linux and the size of the contributing...
- OpenStack Hype vs. Reality: CIO Quick Pulse Open-source architecture can enable IT departments to build infrastructure-as-a-service (IaaS) clouds running on standard hardware.
- Building a Bridge to the Next Generation Data Center Selecting a widely adopted operating system is a foundational component of a standardization strategy.
- OpenStack and Red Hat: IDC White paper Most OpenStack deployments are by public cloud providers that are early adopters of technology and use OpenStack in a do-it-yourself deployment and support...
- Webinar: Building a Big Data solution that's production-ready Big data solutions are no longer just a nice-to-have.
- Meg Whitman presents Unlocking IT with Big Data During this Web Event you will hear Meg Whitman, President and CEO, HP discuss HAVEn - the #1 Big Data platform, as well... All Legal White Papers | Webcasts