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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.'"
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.'"
Oracle better watch what they ask for. A greedy company this size, I imagine they have some questionable skeletons in their closet - somewhere. Setting a precedent like this might come back to bite them on the ass. [Of course, that would be delicious for the rest of us.]
It must have been something you assimilated. . . .
Java copied the data type names from C and other terminology and syntax.
Which is more than just the api, but they stole that too. Java mimicks C in the same use of expressions, assignments, curly braces and the semi-colon.
If we are going to retroactivately put a copyright on API, we need to do it all the way down from the top of the stack of turtles and not cherry pick only what Oracle wants, but what also by that interpretation that Oracle stole too.