The use of the programming interface is not the case under Fair Use. The shutter according to the court, commercial use of Android. In the room there is a claim for damages by Oracle in the billions now.
Google has suffered a legal dispute with Oracle for the use of Java APIs in its mobile operating system-a painful defeat. As reported by Bloomberg, said a U.S. Federal appeals court in favor of Oracle. In his view, Google’s use of Java is programming interfaces is not set by the Fair Use clause of the US copyright covered the right.
The Court of Appeals for the Federal Circuit overturned a 2016 judgment of a district court in California. The jury had declared the implementation of the APIs, as a Fair Use Oracle so any claims for damages denied. The new judgment, it should be legally binding, it could bring, Oracle, however, a compensation in the billions.
Basically, Oracle provides the APIs for each of the free, Java-developed applications for computers and mobile devices. They are to be used for a competing platform like Android or electronic devices, such as Smartphones, implemented, requires the company to the purchase of a license.
“If a plagiarist takes the most important parts of a novel and a Film, the plagiarist is ‘classical’ unfair use,” argued Oracle in February 2017, in his appeal. “Google’s Copy, in this case, the Software Equivalent of this classic unfair use.”
Google introduced under fair use, among other things, because it emits Android free of charge and, therefore, the APIs for non-commercial use. Exactly the appeal judges said now. “The fact that Android is free of charge, is what makes Google’s use of the Java API packages non-commercial”, as quoted by Bloomberg from the sentence. Google, using the Android advertising generated revenue of more than 42 billion dollars. In addition, Google had taken the copyrighted Code remains unchanged.
“We are disappointed that the court has taken the Jury’s decision, stating that Java is open and free for anyone to use, return,” reads a statement from Google. “This type of judgment to make Apps and Online services more expensive for users.”
What is the impact of the judgment has, in fact, the prices of Android devices and Apps, it remains to be seen. For one, Google still remains the way to the Supreme court of the United States. On the other, is fallen, even if the appellate decision is final, so far, no decision on the amount of damages.
Oracle called least $ 8.8 billion from Google. Google emphasized, however, that the programming interfaces, only a very small importance for Android and Oracle advertising deserve, therefore, only a very small percentage of Google’s revenue is the Android platform – the amount of revenue is also more controversial.
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, but without a license.
The first part of the legal dispute, lost Google. In may 2014, a court of appeal confirmed that the 37 APIs are subject to copyright. It is the question of Fair Use, leaving, however, the court of first instance, that in 2016, attested to the fair use by Google. In 2017, Oracle filed an appeal against this decision, which eventually led to the current ruling against Google.
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