Oracle contests Google's 'fair use' of Java code in appeal

Oracle is contesting a decision by the U.S. District Court for the Northern District of California

An appeals court should rule, as a matter of law, that Google's commercial use of Java in a market where Oracle already competed was not fair use, the software company said in a filing.

"This Court should not stop at finding that Google infringed Oracle's copyrighted work. A remand to decide fair use is pointless," Oracle said in a filing on Monday to the U.S. Court of Appeals for the Federal Circuit.

Oracle is appealing a decision by Judge William H. Alsup of the U.S. District Court for the Northern District of California.

Google was cleared last May of most of the infringement claims in Oracle's lawsuit, although it was found to have copied a few small portions of Oracle's Java code.

The main issue at trial was whether Google had copied 37 of Oracle's Java APIs (application programming interfaces) in its Android OS. But the judge ruled in May that the APIs were not eligible for copyright protection under U.S. law.

The jury hung on Google's fair-use defense, and thereafter the District Court ruled that the infringed code and organization of the 37 packages were devoid of copyright protection, Oracle said in its filing.

Android was designed to be incompatible with and fragment the Java platform, and was also designed to replace Java SE derivative works in the smartphone market, Oracle said in the filing. By offering a Java-friendly programming environment without licensing fees, Google thus hurt Oracle's already very lucrative business opportunities in licensing to the mobile and smartphone market, it added.

"Nothing about Google's use was fair," Oracle said in the filing. Google could not be immediately reached for comment.

John Ribeiro covers outsourcing and general technology breaking news from India for The IDG News Service. Follow John on Twitter at @Johnribeiro. John's e-mail address is john_ribeiro@idg.com

Join the newsletter!

Error: Please check your email address.
Rocket to Success - Your 10 Tips for Smarter ERP System Selection

Tags Googleintellectual propertycopyrightlegalOracle

Keep up with the latest tech news, reviews and previews by subscribing to the Good Gear Guide newsletter.

John Ribeiro

IDG News Service
Show Comments

Most Popular Reviews

Latest Articles

Resources

PCW Evaluation Team

Sarah Ieroianni

Brother QL-820NWB Professional Label Printer

The print quality also does not disappoint, it’s clear, bold, doesn’t smudge and the text is perfectly sized.

Ratchada Dunn

Sharp PN-40TC1 Huddle Board

The Huddle Board’s built in program; Sharp Touch Viewing software allows us to easily manipulate and edit our documents (jpegs and PDFs) all at the same time on the dashboard.

George Khoury

Sharp PN-40TC1 Huddle Board

The biggest perks for me would be that it comes with easy to use and comprehensive programs that make the collaboration process a whole lot more intuitive and organic

David Coyle

Brother PocketJet PJ-773 A4 Portable Thermal Printer

I rate the printer as a 5 out of 5 stars as it has been able to fit seamlessly into my busy and mobile lifestyle.

Kurt Hegetschweiler

Brother PocketJet PJ-773 A4 Portable Thermal Printer

It’s perfect for mobile workers. Just take it out — it’s small enough to sit anywhere — turn it on, load a sheet of paper, and start printing.

Matthew Stivala

HP OfficeJet 250 Mobile Printer

The HP OfficeJet 250 Mobile Printer is a great device that fits perfectly into my fast paced and mobile lifestyle. My first impression of the printer itself was how incredibly compact and sleek the device was.

Featured Content

Latest Jobs

Don’t have an account? Sign up here

Don't have an account? Sign up now

Forgot password?