A jury has found Google liable for copyright infringement in its use of Java in Android, but so far has not decided whether that infringement was protected by rules governing “fair use.”
The verdict, delivered Monday after a week of deliberations by the jury, is a partial victory for Oracle in its lawsuit against Google. But Oracle will have to wait longer — possibly for a retrial — to see whether Google will escape liability by claiming fair use.
Google’s attorney, Robert Van Nest, immediately told the judge that Google would file for a mistrial. Google’s argument will be that the same jury must decide both the copyright infringement and fair use issues.
The jury also decided that Sun’s public statements about Java might have suggested to Google that it did not need a license for Java.
But in another setback for Google, it decided there was insufficient evidence to show that Google relied on that information.
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A jury has found Google liable for copyright infringement in its use of Java in Android, but so far has not decided whether that infringement was protected by rules governing “fair use.”