Oracle rolls out the theme of “Fair Use,” a US Federal appeals court again. It is again a question of whether Google must pay compensation for the use of the Java APIs in Android to Oracle.
Oracle continues the legal dispute with Google for the use of Java APIs in Android. The company has filed on Friday with the U.S. Court of Appeals for the Federal Circuit appeal against a may 2016 judgment. The jury in a district court in California had been classified before nine months of the implementation of the programming interfaces as “Fair Use” and Oracle, any claims for damages denied.
In September, Oracle was to proceed with his attempt, however, at a court in the U.S. state of California fired yet. District judge William Alsup has refused to negotiate the case. Alsup endorsed the view that the use of 37 Java APIs scheme falls in Android under the Fair Use.
With the current complaint, Oracle wants to achieve, that the judgment will be lifted in may 2016, as reported by The Hill. It argues that the use of Java APIs represents the Fair Use provisions of US copyright law. “If a plagiarist takes the most important parts of a novel and a Film, the plagiarist is ‘classical’ unfair use,” it says, therefore, in Oracle’s font set. “Google’s Copy, in this case, the Software Equivalent of this classic unfair use.”
In addition, Oracle is again emphasised that the Copy of the Java Codes Google “have gained enormous” financial benefits. Google have raised explicitly Oracle customers and poached.
Google no comments yet. In may 2016, the company had the verdict as a “victory for the Android Ecosystem, for the Java developer Community, and for Software developers who rely on open and free programming languages to build innovative Consumer products,” referred to.
The first part of the lawsuit, Google had lost. In may 2014, an appellate court noted the court, that the question of the 37 API but copyright law is subject to. The question of whether Google’s use of the APIs in Android nevertheless, in accordance with the Fair-Use principle, as a fair use permitted remanded it to the district court in Northern California, which was confirmed two years later, the fair use of the APIs by Google.
The dispute between the two companies began in 2010, just a few months after the Acquisition of Sun Microsystems by Oracle. Sun developed Java in the Nineties. Google, in turn, launch of Android in 2008 negotiated before the market with Sun through a licensing agreement. Finally, Google took advantage of the Java APIs for free.
Whether the proceedings before the Court of Appeals a final judgment, it remains to be seen. Basically, the two companies is open, regardless of the outcome of the process, the way to the Supreme court. A valid judgment is therefore to be expected, probably in months or even years.
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