A great victory for Oracle should be the decision of the Supreme court in the United States. Google is unable to convince the court that there is a Revision of a judgment, sufficient reasons.
Google fails in the attempt, the Supreme court of the United States, a judgment from last year to repeal. In may, the U.S. Federal court of appeals had reversed the Federal Circuit and a judgment of the lower court and decided that the Oracle is subject to the 37 Java APIs of the copyright law. In October 2014, Google had turned now with a Petition to the Supreme Court, and a repeal of this judgment, in view of. This Petition rejected by the court without a justification (In the PDF document on page 10).
In order for Google to lose the opportunity, in addition to the Fair-Use Argument, a more defensive strategy build. In the legal dispute between Oracle and Google over the use of Java APIs in Google’s Android is now the last remaining question is whether Google used these APIs in a timely manner. The district court of Northern California, at the case is now referred to, and will eventually also need to decide on the question of whether Google must pay Oracle in damages.
With the rejection of the so-called ‘Writ of Certiorari‘, i.e. the request for Review of the judgment by the Supreme Court, recorded in Oracle a “great victory” as the Reuters-court Reporter Dan Levine spread on Twitter.
As the Patent and copyright issues, specialized Blogger Florian Mueller explains in a Blog to the decision of the Supreme Court, have only one percent of this Review requests for success. Müller also for the further progress of this dispute is Google with the worse cards.
Müller zietiert of a notice from the U.S. Department of justice on the U.S. Supreme Court: “The Android platform using the Java programming language, but Google has not intentionally designed Android in a way that it is with the Java platform or Java programs can operate.” Therefore, understand – Müller – also the Argument of “Fair Use” difficult.
Oracle, however, explains that the software industry is to rely on copyright law in order for innovations to protect and promote. Therefore, Oracle has sued Google in 2010. With the implementation of Java in Android’s Google is in breach of rights, the Oracle of 37 Java APIs holds. The search group have the APIs knowingly used without a license from Sun Microsystems, which Oracle in 2010, has taken over. Google argued that it should use the APIs free of charge, because Java itself may be used free of charge.
In may, Oracle achieved a partial success. The jury decided that Google violated the “entire structure, sequence and organization” of the Java programming language. Before the court is, however, after the open the question of whether Google’s use of Java as “Fair Use” may apply.
In the course of the process, the jury decided unanimously that Android does not infringe Oracle’s patents. The presiding judge William Alsup ruled that APIs are subject to copyright and rejected the claims of the Oracle in effect.
