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Declaring Code Is Not Code, Says Larry Page (arstechnica.com)

Alphabet CEO Larry Page says his company never considered getting permission from Oracle for using the latter's Java APIs in Android. Page, who appeared in a federal court, said Java APIs are open and free, which warrants them or anyone to use it without explicit permission from Oracle. From an Ars Technica report (edited for clarity): "But you did copy the code and copy the structure, sequence, and organization of the APIs?" Oracle attorney Peter Bicks asked, raising his voice. "I don't agree with 'copy code,'" Page said. "For me, declaring code is not code," Page said. "Have you paid anything to Oracle for using that intellectual property?" Bicks asked. "When Sun established Java, they established it as an open source thing," Page said. "I believe the APIs we used were pretty open. No, we didn't pay for the free and open things." [...] "Was Google seeking a license for Java?" Google lawyer Robert Van Nest asked. "Yes, and a broader deal around other things, like branding and cooperation," Page said. "After discussions with Sun broke off, did you believe Google needed a license for APIs?" Van Nest asked. "No, I did not believe that," Page said. "It was established industry practice that the API and just the headers of those things could be taken and re-implemented. [It must be done] very carefully, not to use any existing implementation of those systems. That's been done many, many times. I think we acted responsibly and carefully around these intellectual property issues."

3 of 405 comments (clear)

  1. If Oracle wins, get into corporate law by LichtSpektren · · Score: 5, Insightful

    If Oracle wins this case and all the appeals, where it's ruled that using open APIs is copyright infringement, then I would strongly suggest you get into corporate law.

    Because the end result is that basically every software company in the world (including not just Oracle and Google but Microsoft, Apple, IBM, Intel, Samsung, etc.) will suddenly find themselves in a Mexican standoff of potentially trillions of dollars in "intellectual property" suits ready to be fired off. The only winner will be the one with the best legal department; oh, and the lawyers.

    All the aforementioned companies would be wise to pen amicus curiae letters in favor of Google.

  2. Re:Giant problem by cyriustek · · Score: 5, Insightful

    Organisations publish their APIs, because that want people to use them.

    Sun was making a huge push on this in the early 2000s. IMO Larry Page is spot on with this.

  3. Re:Giant problem by I4ko · · Score: 5, Insightful

    Next thing you know - UK suing US for copyright infringement on English language since US stopped paying their license fee with the Boston Tea Party.