Oracle wanted to contest in may, by the judgment, according to which the use of 37 Java APIs in Android than “Fair Use”. The essential Argument for a re-process the claim that Google have held back information. In the opinion of the district judge William Alsup, Oracle has overlooked, however, is simply documents.
Oracle is rebuffed in its bid for, the long-standing dispute with Google for the use of Java Code in Android is a new Chapter to add to a court in the U.S. state of California. District judge William Alsup has refused to negotiate the case. Thus, it may be that the judgment has continued. According to him, the use of 37 Java APIs in Android falls under the Fair Use provision.
In order to achieve a new method, had an Oracle declared that Google have held back during the taking of evidence information. In particular, it had hidden the fact that Android Apps in Chrome OS integrated. This Oracle saw an infringement of copyright not only for Smartphones and Tablets, but also for Desktops and Laptops.
District judge William Alsup found in multiple Oracle documents in the possession of notes on the Google ARC++ project, Chrome OS users with Android-to make Apps accessible. “Google has submitted to 2015, at least nine documents that describe the objectives, technical Details of the ARC++, so for at least five months before the start of the process” – quoted by Computerworld from the sentence. That it had not reviewed these documents, be alone to blame for Oracle.
Apart from this, the documents would not have influenced the outcome of the proceedings, in the view of judge Alsup. Finally, it was not gone at all to an implementation of Android, and thus also of the 37 Java APIs on devices other than Smartphones and Tablets. The question of whether the use of the Java APIs is to be considered in connection with the ARC++ as “Fair Use”, was open to the judge, however. Oracle’s application to open a new process, because the court had excluded certain “evidence” rejects the judge also.
The dispute between Oracle and Google has been going on since 2010. While the first instance saw the APIs used are not protected by copyright, decided by the court of appeal in may 2014, the 37 Java application programming interfaces are subject to copyright. It left open the question of whether the use of the APIs in Android by Google in accordance with the Fair-Use principle, as a fair use permitted. The decision of this question, referred to the U.S. district court in Northern California. That was the question on the side of Google and the implementation of the programming classified section for “Fair Use”.
Java was developed in the Nineties by Sun Microsystems. Google had negotiated prior to the release of Android in 2008, with the Sun through a license agreement, took the required 37 Java APIs, however, free of charge. Only a few months after the Acquisition of Sun Microsystems by Oracle, the law started in the year 2010, the dispute about whether it was okay. Oracle was that of 11,500 lines of Code were copied illegally and asked for damages in the amount of $ 9.3 billion.
[mit Material von Stefan Beiersmann, ZDNet.de]
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