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Oracle Will Officially Appeal Its 'Fair Use' Loss Against Google (arstechnica.com)

An anonymous reader quotes a report from Ars Technica: The massive Oracle v. Google litigation has entered a new phase, as Oracle filed papers (PDF) yesterday saying it will appeal its loss on "fair use" grounds to the U.S. Court of Appeals for the Federal Circuit. For a brief recap of the case: after Oracle purchased Sun Microsystems and acquired the rights to Java, it sued Google in 2010, saying that Google infringed copyrights and patents related to Java. The case went to trial in 2012. Oracle initially lost but had part of its case revived on appeal. The sole issue in the second trial was whether Google infringed the APIs in Java, which the appeals court held are copyrighted. In May, a jury found in Google's favor after a second trial, stating that Google's use of the APIs was protected by "fair use." Oracle's appeal is no surprise, but it will be a long shot. The four-factor "fair use" test is a fairly subjective one, and Oracle lawyers will have to argue that the jury's unanimous finding must be overturned. There are various ways a jury could arrive at the conclusion that Google was protected by fair use. The case will go back to the Federal Circuit, the same appeals court that decided APIs could be copyrighted in the first place. That decision overruled U.S. District Judge William Alsup, the lower court judge, and was extremely controversial in the developer community. However, the same decision that insisted APIs can be copyrighted clearly held the door open to the idea that "fair use" might apply. Unless Oracle pulls off a stunning move on appeal, its massive legal expenditures in this case will be for naught.

23 of 99 comments (clear)

  1. Oracle employees, show yourself by whoever57 · · Score: 2

    There must be Oracle employees who actively post here at /..

    What do you think of this? What should the rest of us think of you and your employer?

    --
    The real "Libtards" are the Libertarians!
    1. Re:Oracle employees, show yourself by jase001 · · Score: 2

      I think you have to chant "Into the light I command thee".

    2. Re:Oracle employees, show yourself by MouseR · · Score: 4, Interesting

      If you're willing to judge ~130,000 employees based on your perception of what's right or not, it wont mean much.

      Some of us are doing pretty cool stuff at Oracle and if you can navigate large corporations (there _Was_ a learning curve when we got acquired in 2001), it's actually a great place to work at. Most of us have families that live well because Oracle treats it's employees right, unlike some corporations where some friends of mine work.

      The employees, such as coders (as yours truly), dont get to decide what judicial courts decide, nor where Oracle points it's legal department. So unloading your frustration at it's employees wont accomplish much.

    3. Re: Oracle employees, show yourself by MouseR · · Score: 2

      The standard Oracle desktop is Linux, except where appropriate.

      Still hate Oracle?

    4. Re:Oracle employees, show yourself by ArmoredDragon · · Score: 2

      Can you tap the shoulder of somebody in the UX department and tell them to do a better job please? For all of our sakes. Virtually every oracle program I've ever used is extremely annoying to work with, and it has more to do with a crappy UI than anything else (well that and overall slowness with some applications.)

    5. Re:Oracle employees, show yourself by silentcoder · · Score: 3, Interesting

      I'm an ex-oracle employee. I resigned in protest over this lawsuit when it was first launched.

      --
      Unicode killed the ASCII-art *
    6. Re: Oracle employees, show yourself by silentcoder · · Score: 2

      False. As an ex-employee of Oracle I can tell you that statement is categorically false. They do use Linux very heavily but employees can choose their own OS - most developers use macbooks and linux desktops, most non-tech staff use Windows.

      --
      Unicode killed the ASCII-art *
    7. Re: Oracle employees, show yourself by MouseR · · Score: 2

      Still is the policy. Hence except where appropriate. I do native iOS development. This means I'm on OS X hardware. Our group has a variety of iOS devices for real-world testing and we use the simulators as well.

      Most other people I know personally are on Linux. A couple on Windows because they work on Windows apps & services.

  2. The only fascinating thing about this story... by Narcocide · · Score: 3, Insightful

    ... is that I saw this all coming the moment Google announced they would use Java for Android. It was clearly obvious to me (and I assume anyone else actually paying attention) that Oracle had "open sourced" Java (without really open sourcing it) specifically as a patent litigation trap for such big companies as Google. Of course, Google doesn't like being told what to do so they called Oracle's bluff.

    One or both of these companies is going to find out they've made a huge mistake. Either way, we all lose. Java always sucked, and, I feel, as evidenced by this, has primarily been used for evil rather than innovation.

    1. Re:The only fascinating thing about this story... by Anonymous Coward · · Score: 2, Informative

      It was clearly obvious to me (and I assume anyone else actually paying attention) that Oracle had "open sourced" Java (without really open sourcing it) specifically as a patent litigation trap for such big companies as Google.

      You weren't paying THAT close attention-- it was Sun who open-sourced Java, not Oracle.

    2. Re:The only fascinating thing about this story... by Immerman · · Score: 3, Interesting

      How would that work? Open source is firmly grounded in copyright law - how could granting an extremely permissive, non-revokable license with clear and specific reciprocity demands possibly be found to run afoul of US law, without simultaneously destroying all other copyright licensing arrangements as well?

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      --- Most topics have many sides worth arguing, allow me to take one opposite you.
    3. Re:The only fascinating thing about this story... by jimtheowl · · Score: 2

      "Open source is found to be incompatible with the US legal system."

      Please back that up.

      Inquiring minds want to know what kind of cool-aid you are drinking.

    4. Re:The only fascinating thing about this story... by AHuxley · · Score: 2

      Try the linked http://arstechnica.com/tech-po...
      Will the copyrights and patents be valid or will fair use win? The wider court role of a "four-factor "fair use" test"?
      The way APIs could be/is/will be/can be copyrighted.
      The news and summary is all in the linked arstechnica.com recap.
      If its a win, its fair use for all.
      Not a win, then some "fair use" test for US code? Doing programming in the USA just got more interesting. Code has to work and pass a final court test every time per product cycle?
      Another type of win and its all copyrighted. Doing programming well away from the USA just got traction.

      --
      Domestic spying is now "Benign Information Gathering"
  3. We need a new award in the computing world by Trailer+Trash · · Score: 4, Insightful

    Maybe we could call it "The Darl". Oracle is winning this year's Darl award.

    1. Re:We need a new award in the computing world by ContextSwitch · · Score: 2

      Heh! DARL = Dubious Actions Regarding Legalities

  4. Seems... by squiggleslash · · Score: 3, Insightful

    ...that Oracle is the Donald Trump of the computer world.

    --
    You are not alone. This is not normal. None of this is normal.
    1. Re:Seems... by Anonymous Coward · · Score: 3, Funny

      They should merge and become Orangeacle, The Bigly Data Company.

    2. Re:Seems... by srichard25 · · Score: 5, Funny

      ...then I guess Microsoft is the Hillary of the computer world.

      Well connected and the darling of corporations, but a backstabber behind the scenes. And neither knows how to correctly do email.

  5. Re:Who really cares? It won't change a thing. by Immerman · · Score: 2

    Of course, considering that Google only cribbed the API, and not the code implementing it, there's really only one main benefit they get from Java's API - one that nothing else delivers: Java developers.

    Yes, they could clone another language library, but few languages have the popularity of Java, and C++ doesn't have a standard library with anywhere near the scope of Java's, even if they could entice "close to the metal" developers to write code for their emulator instead.

    And for most languages I suspect the APIs are no more unencumbered than Java's, so there would be nothing to gain anyway.

    --
    --- Most topics have many sides worth arguing, allow me to take one opposite you.
  6. Re:Oracle will appeal by just+another+AC · · Score: 2

    Given corporations have legal personhood, the expression is valid.

    If it is a movie reference, which one were you going for, because matrix is "the oracle" and my brain isn't coming up with any others because it's friday afternoon here.

  7. Re:Oracle will appeal by Trogre · · Score: 4, Informative

    The acronym "Oracle" expands to "One Rich Asshole Called Larry Ellison".

    --
    "Nine times out of ten, starting a fire is not the best way to solve the problem." - my wife
  8. Re:Who really cares? It won't change a thing. by silentcoder · · Score: 2

    They should just clone python. It's developer base is not *that* far behind java, it is a much nicer language to code in and because the original language is under the LGPL there is no risk of being sued for an alternative implementation (indeed several alternative implementations already exist - ironpython for example).

    --
    Unicode killed the ASCII-art *
  9. Should interoperability not exist? by tepples · · Score: 2

    Google DID rip Oracle off [...] and they should have to pay

    Then how should interoperability with a platform implemented as copyrighted computer programs be achieved, other than through copying the interfaces needed to interoperate with other software developed for the platform? If you believe instead that one ought not to attempt to interoperate in the first place, then how does it benefit the public to give a platform's owner the power to chill interoperability through copyright law?