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.'"

Comments

Oracle, the company most likely to make you ....

[haruchai]

....feel that M$, SCO and Apple aren't such a bad bunch after all

Re:Court motions are not news

[Runaway1956]

Oracle didn't do any work on Java. Sun did. Sun invested a lot of time and money into Java, then ultimately, turned it over to outside developers. Sun still held "title" to Java, I suppose, but they did little to nothing to "protect" their copyright. Open sourced, freely distributed, outside developers encouraged to develop, and tacit consent given to use Java however the hell you want to use it.

Let's put this in perspective. You make something, and you allow all your neighbors to use that something. Let's say it's a water park. All the kids in town come to your place to play in the water. After a few years, I come along, and offer you some money for your water park, and you take the money. With the water park safely in my possession, I start suing all the families in town for using the water park.

Does that scenario make ANY sense to you? I sure as hell hope not.

In my most honest opinion, Oracle has no claim to anything that has been done with Java. If, and only if, Oracle develops some new aspect of Java, then Oracle will have full right and title to those newly explored aspects of Java. At least until someone reverse engineers it, and reproduces the results with different code.