April 6, 2018 by admin
Filed under Around The Net
A US Judge who clearly didn’t understand the full repercussions of what they were doing, has ruled that Google’s use of Java APIs in the original Android code did not constitute fair use, and that reparations are due.
Some analysts believe that Google could be $8bn to $9bn poorer as a result of the ruling, the latest chapter in a long-running dispute.
The story runs thus: Google used the Java code, formally owned by Sun Microsystems to create large swaths of the Android code.
That’s fine because the code is open-source. However, the Java APIs, now owned by Oracle, are not, and Oracle has long since argued that it deserves a piece of the billions made by Google through the Android platform.
Despite a ruling in Google’s favour citing fair use, Oracle persisted and the latest appeal has seen that decision overturned by the Federal Circuit, remanding the matter to California state judges to set damages.
The issue here is, as it always has been, a direct part of the future of open source itself – because if APIs are seen as a chargeable copyrightable asset, separate from the language itself, then back bedroom developers and smaller companies will find it impossible to afford to develop this way.
Additionally, the precedent could result in Oracle being able to pursue thousands of other companies in the same way.
Oracle has claimed that Android ‘destroyed’ the Java mobile market and is willing to fight for that, even if it brings down the entire IT playhouse down.
“The Court pointed out that it was not holding that “a fair use defense could never be sustained in an action involving the copying of computer code”. That may be right, but this Court had no qualms about assessing and reassessing evidence and arguments that were made to the jury. It’s a decision that needs to be carefully and thoughtfully considered in any case involving fair use, particularly in the context of software,” said J Michael Keyes, a partner at Dorsey and Whitney who has been following the case.
He added that the ruling states that API packets are not to be considered ‘transformative’ and that even the slightest bit of proprietary code could be seen as enough to infringe copyright.
“This is a hugely important development in the law of copyright and fair use,” said Keyes.
It’s thought that the matter could now be escalated to the Supreme Court for yet another appeal.
Courtesy-TheInq
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