Oracle vs Google: fronts
Today, the jury issued a verdict that Google did not violate Oracle patents. This is an important victory for the forces of good, but the main decision is still to come. But let's go back a bit.
Judge William Alsup (the one who knows how to program in Java ) divided the decision into 3 phases. In the first phase, the jury decided whether the copyright of Oracle on 37 different APIs used in Java or on a number of lines of code (including the widely known rangeCheck function) was violated by Google in its Android. In the second phase, Oracle claims regarding patents were considered. In the third phase (depending on the decision in the previous stages), the amount of damage caused to the claimant was determined.
By their first decision, the jury issued a paradoxical verdict: Google did not violate Oracle’s right to documentation and comments in the code, but violated the copyright on the API, cloning the structure and interface of Java. Known 9 lines were also counted as a violation. In this case, the jury could not answer the question whether this kind of violation fits into the concept of “fair use”. The judge said that the jury may not respond to this part of the question, after which Google filed a motion to annul the verdict, citing a precedent in which cases of copyright infringement can be considered only in conjunction with the decision on "fair use".
The second part dealt with accusations of violating Google two patents: one of them concerned the improvement of the static array initialization mechanism using a preloader, and the second (more important) details of working with “symbolic links” of the hybrid Java interpreter-compiler during compilation directly into executable code . Google claimed that both patented mechanisms were not used by it in the Dalvik virtual machine and the jury fully supported it.
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The jury is now disbanded and the judge alone will have to answer the main question - can software APIs be subject to copyright ? He is supposed to do it next week.
Judge William Alsup (the one who knows how to program in Java ) divided the decision into 3 phases. In the first phase, the jury decided whether the copyright of Oracle on 37 different APIs used in Java or on a number of lines of code (including the widely known rangeCheck function) was violated by Google in its Android. In the second phase, Oracle claims regarding patents were considered. In the third phase (depending on the decision in the previous stages), the amount of damage caused to the claimant was determined.
By their first decision, the jury issued a paradoxical verdict: Google did not violate Oracle’s right to documentation and comments in the code, but violated the copyright on the API, cloning the structure and interface of Java. Known 9 lines were also counted as a violation. In this case, the jury could not answer the question whether this kind of violation fits into the concept of “fair use”. The judge said that the jury may not respond to this part of the question, after which Google filed a motion to annul the verdict, citing a precedent in which cases of copyright infringement can be considered only in conjunction with the decision on "fair use".
The second part dealt with accusations of violating Google two patents: one of them concerned the improvement of the static array initialization mechanism using a preloader, and the second (more important) details of working with “symbolic links” of the hybrid Java interpreter-compiler during compilation directly into executable code . Google claimed that both patented mechanisms were not used by it in the Dalvik virtual machine and the jury fully supported it.
')
The jury is now disbanded and the judge alone will have to answer the main question - can software APIs be subject to copyright ? He is supposed to do it next week.
Source: https://habr.com/ru/post/144429/
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