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Google to defend itself in front of the Supreme Court against Oracle's copyright infringement claim


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In brief: The near decade-long copyright battle between Google and Oracle is headed to the US Supreme Court. The SCOTUS has granted a writ of certiorari in the suit, meaning the companies can plead their cases for a final decision. The high court has denied petitions to hear arguments until now.

Google is seeking to overturn a 2018 Federal Circuit Court of Appeals' decision to grant another retrial to Oracle over its claim that companies can copyright application programming interfaces (API). These packages of code allow software of different types and from various developers to work together — specifically Java in this case.

 

Oracle initially filed suit against Google in 2010, claiming that its Android operating system used proprietary Java APIs without a license, thus infringing upon Oracle's copyrights and patents. Google defeated the lawsuit in a 2012 jury trial in District Court, only to have it overturned by the Circuit. It won the case again it 2016, only to have the appellate court call for yet another retrial.

 

In January of this year, Google petitioned the Supreme Court of the United States (again) for a hearing on the 2018 decision. The SCOTUS agreed to listen to the appeal. Legal teams will have one hour to present their cases, but no date has been set for the hearing.

 

"We hope that the Court reaffirms the importance of software interoperability in American competitiveness."

 

Google hopes that the highest law in the land will agree that its use of the APIs constitutes a fair-use scenario. So far, lower courts have ruled that Android uses the 37 APIs in question in a way that falls under fair use on two separate occasions.

 

Oracle wanted a third trial, but the District Court judge who had been presiding over the case for more than six years denied another hearing. The company's persistent legal team took it up with the federal appeals court again, which sided with it for a new trial.

 

The final decision has implications that reach far beyond a beef between Oracle and Google. Microsoft, Mozilla, and other developers fear that a ruling against Google would spell doom for software companies trying to get their programs to cooperate with other applications. The Electronic Frontier Foundation and internet advocacy group Public Knowledge also support the search giant's use of the API packages.

 

"We welcome the Supreme Court's decision to review the case, and we hope that the Court reaffirms the importance of software interoperability in American competitiveness," Google's Senior Vice President of Global Affairs Kent Walker told The New York Times. "Developers should be able to create applications across platforms and not be locked into one company's software."

 

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3 hours ago, vitorio said:

The logic tells me that Google is right, no matter the arguments.

Google thanks there right whenever it applies to someone suing them but thats up for a Judge to decide , but when it comes to using there apis  they block other apps and websites all the time. Also  they update there apis to gain control over there users  . Manifest Version 2  blocked YouTube downloader addons V3 will block adblockers . They need to practice what they preach! But It could go ether way just like making porn use to be illegal in the USA but they ruled  it legal in the 1970s.  When Java belong to SUN , Microsoft  was sued for stealing Java  old PCs came with Microsoft Java installed and Microsoft lost . Microsoft is partners with Oracle that owns Java now. But still PCs never came with Java pre-installed ever again. :P

 

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The default mode is that all text is protected by copyright, and there is only limited number of exceptions to the default.

Thus the copyright evaluation first examines the default rule to find copyright infringement. And after both parties have spent millions in lawyers fees, the exceptions to the default rules are being evaluated.

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When comes to using  proprietary stuff i dont care if Google or Microsoft  win or lose , because try to steal YouTube api  and make money and see if you don't get sued or try and steal  Direct X 11or 12 api and see what happens . It' evil vs evil. Who cares  if  Tech have  to rewrite there  apps with a open source version like Google already done  ? They of  should followed google's  lead years ago and built  there apps on top of open source Java.

 

The decision won't kill Android, the world’s most popular operating system for smartphones. Google switched to a fully open source version of Java starting with the Nougat release of Android in 2016. But it could force many software companies to rewrite parts of their products, even if they’re not using Java or any other Oracle software.

https://www.wired.com/story/the-case-that-never-ends-oracle-wins-latest-round-vs-google/

 

Google already  done solved  it back in 2016 they just trying avoid a fine they use open source JDK now .:clap:

 

 I switched  to using  open source JDK  myself now.

 

 

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