Slashdot Mirror
Oracle Asks Judge To Throw Out Java/Google Verdict...Again (siliconvalley.com)
Just when you thought the six-year, $9 billion lawsuit was over, an anonymous reader quotes this report from the Bay Area Newsgroup:
Oracle has asked a judge -- again -- to throw out the verdict that found Google rightfully helped itself to Oracle programming code to create the Android operating system... A judge already rejected a bid in May by Oracle to get the verdict thrown out. But the software and cloud company hasn't given up. On July 6, Oracle filed a motion in San Francisco U.S. District Court again asking the same judge, William Alsup, to toss the verdict.
The company cited case law suggesting use is not legal if the user "exclusively acquires conspicuous financial rewards'' from its use of the copyrighted material. Google, said Oracle, has earned more than $42 billion from Android. "Google's financial rewards are as 'conspicuous' as they come, and unprecedented in the case law," Oracle's filing said. Oracle wants the judge to adhere to the narrower and more traditional applications of fair use, "for example, when it is 'criticism, comment, news reporting, teaching ... scholarship, or research.'"
The company cited case law suggesting use is not legal if the user "exclusively acquires conspicuous financial rewards'' from its use of the copyrighted material. Google, said Oracle, has earned more than $42 billion from Android. "Google's financial rewards are as 'conspicuous' as they come, and unprecedented in the case law," Oracle's filing said. Oracle wants the judge to adhere to the narrower and more traditional applications of fair use, "for example, when it is 'criticism, comment, news reporting, teaching ... scholarship, or research.'"
Sure, but you don't get to sue people for accessing the lake before you owned the property. If they built a nice path with the blessing of the previous owner, you may not even have the right to block their future access.