Oracle is preparing to file a new claim to Google over Android
Oracle in the near future intends to continue the trial with Google about the "fair use" of the source code of the Android operating system. On July 22 of this year, the company sent a letter to the San Francisco District Court, saying that in the five years that have passed since the initial lawsuit to the search giant, the situation has radically changed, Android has received a total advantage, has come to the set-top boxes, appeared in the clock and even in cars. Thus, Google continues to violate Oracle’s copyright to Java source code on an ever-increasing scale.
Oracle expanded claims against Google to include six Android versions that appeared since the first trial in 2010: Gingerbread, Honeycomb, Ice Cream Sandwich, Jelly Bean, Kit Kat and the latest Lollipop are now on the list. In all of these operating systems, 37 Java APIs are copyrighted by Oracle in one way or another. At the same time, while Android has become "... truly ubiquitous, Java has suffered more than ever." In particular, because Google itself took specific steps to avoid fragmentation of the platform, ignoring the opinion of Oracle on this issue. The purpose of the trial should be to recognize the copyright of Java source code and recover damages from Google. The amount of compensation is not specified.
Two years ago, a San Francisco court, considering a similar lawsuit from Oracle, issued a verdict according to which Google infringes copyrights, using Java source code in Android. Nevertheless, the court made a principle of “fair use” into a separate question, which in some cases allows copying, bearing in mind here the realization of some algorithms that have fallen under the claims. Later, Judge William Alsop made the opposite decision: Java interfaces cannot be protected by copyright. Oracle expectedly filed an appeal, and the court again recognized the copyright of the company. Google tried to appeal to the US Supreme Court, but they refused to accept the claim for consideration.
Oracle expanded claims against Google to include six Android versions that appeared since the first trial in 2010: Gingerbread, Honeycomb, Ice Cream Sandwich, Jelly Bean, Kit Kat and the latest Lollipop are now on the list. In all of these operating systems, 37 Java APIs are copyrighted by Oracle in one way or another. At the same time, while Android has become "... truly ubiquitous, Java has suffered more than ever." In particular, because Google itself took specific steps to avoid fragmentation of the platform, ignoring the opinion of Oracle on this issue. The purpose of the trial should be to recognize the copyright of Java source code and recover damages from Google. The amount of compensation is not specified.
Two years ago, a San Francisco court, considering a similar lawsuit from Oracle, issued a verdict according to which Google infringes copyrights, using Java source code in Android. Nevertheless, the court made a principle of “fair use” into a separate question, which in some cases allows copying, bearing in mind here the realization of some algorithms that have fallen under the claims. Later, Judge William Alsop made the opposite decision: Java interfaces cannot be protected by copyright. Oracle expectedly filed an appeal, and the court again recognized the copyright of the company. Google tried to appeal to the US Supreme Court, but they refused to accept the claim for consideration.
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Source: https://habr.com/ru/post/366123/
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