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Most jurors sided with google on apis and fair use by ferujkll sdff
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Most jurors sided with google on apis and fair use |
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Business,Business News,Business Opportunities
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Nine jurors thought Google's use of the APIs (applicationprogramming interfaces) should be considered fair use, GregThompson, the jury foreman, told reporters outside the courtroom.But the other three jurors, including Thompson, did not buy thatargument. The jury's verdict had to be unanimous, so the nine-to-three splitmeant that the jury ended up not answering one of the mostsignificant questions in the trial. That's one reason why the legalfight between Google and Oracle over Android is not over yet, eventhough Google emerged largely victorious from this battle. Oracle sued Google in August 2010, arguing that its Android OSinfringes Java-related patents and copyrights that Oracle acquiredwhen it bought Sun Microsystems. The trial was held in two phases,the first to address the copyright claims and the second for thepatent allegations.
The jury rendered its verdict Wednesday that Google had not infringed either of the two Java-related patents at stake. With the jury split over the earlier copyright question, there were no damages forthem to decide on and they were dismissed. On the copyright question, the jury agreed that Google infringedOracle's copyrights by copying 37 Java APIs into Android. But theycouldn't agree whether that infringement was protected by fair use,the doctrine that defines when copying may be allowed.
Those in favor were swayed by Google's argument that its use of theAPIs was "transformative," Thompson said, meaning that theyconsidered Android to be something new and different from theoriginal work, which was the standard desktop edition of the Javaplatform. The transformative nature of a work is one of the keytests for fair use. Jurors were also swayed by the idea that the APIs were functionalin nature, Thompson said, another factor that tends to favor afair-use argument. Google had told the jury the APIs are anessential part of Java and that the language is useless withoutthem.
A gaggle of reporters descended on the jury as it filed out of thecourtroom. Thompson, a 52-year-old retirement plan specialist fromFremont, California, was the only one who agreed to be interviewed,and he was peppered with questions about how the jury reached itsdecisions. Oracle's legal team also asked questions and took notes. They mayhave to try the fair-use question again in front of a differentjury. The trial has been a complex one, and what happens next hasn't beencompletely decided.
The judge in the case, William Alsup, has still to make animportant ruling on whether the Java APIs can be copyrighted at allunder U.S. law. That's a contentious issue and one that could haveramifications for programmers on other platforms. He has been considering that question throughout the trial andcould issue his ruling next week. If Alsup decides the Java APIs cannot be copyrighted, the questionof fair use becomes irrelevant for now, though Oracle is likely toappeal the judge's ruling to a higher court.
If Alsup rules that the Java APIs can be copyrighted, he will haveto decide how to proceed on the question of fair use. One option,which Google favors, is to start the whole trial over before a newjury. Oracle's preference is to retain the infringement part of theverdict and have a new jury decide the question of fair use. Alsup may also have another option.
If he decides the Java APIs canlegally be covered by copyright, Google is likely to appeal thatdecision. If it does, Alsup might let the higher court hear itsappeal before making another jury consider the question of fairuse. That way, if the higher court decides that the APIs can't becopyrighted, a second jury's time hasn't been wasted. Whatever happens next, Oracle has emerged from this trial with muchless than it hoped for.
Last year, its damages expert wasdiscussing awards for Oracle as high as US$6 billion. The judgeasked him to redo his calculations twice, and by the time the trialstarted, Oracle was seeking about $1 billion in damages. In the end, Oracle managed to hold Google liable for copying justnine lines of code into Android, for a function called rangeCheck,and eight other small files. The judge will decide what damagesOracle is to receive for that infringement, though they are notexpected to exceed a few hundred thousand dollars. James Niccolai covers data centers and general technology news forIDG News Service.
Follow James on Twitter at @jniccolai . James's e-mail address is james_niccolai@idg.com. I am a professional writer from Computer Hardware & Software, which contains a great deal of information about scsi ii cable , monitor glare screen, welcome to visit!
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