{"id":11278,"date":"2012-05-17T09:00:50","date_gmt":"2012-05-17T14:00:50","guid":{"rendered":"http:\/\/techcitement.com\/?p=11278"},"modified":"2012-05-17T01:10:47","modified_gmt":"2012-05-17T06:10:47","slug":"oracle-versus-google-trial-has-no-end-in-sight","status":"publish","type":"post","link":"https:\/\/techcitement.com\/uncategorized\/oracle-versus-google-trial-has-no-end-in-sight\/","title":{"rendered":"Oracle Versus Google Trial Has No End In Sight"},"content":{"rendered":"

\"\"<\/p>\n

This morning, Google and Oracle, with the permission of the judge, reached a stipulation<\/a>, agreeing, among other things, to leave the question of damages out of the jury’s hands. As of now, the jury has found two counts of copyright infringement by Google, for nine lines of rangeCheck code and eight decompiled Java files. The\u00a0 jury couldn’t make a finding as\u00a0 to whether Google’s\u00a0 use of these materials amounted to fair use. While fair use is not a strictly defined concept, generally, factors include whether the use is of a substantial part of the copyrighted work and the effect of\u00a0 the copying\u00a0 on the value of the work.<\/p>\n

However, the major allegation in the case \u2013 Google’s use of structure, sequence, and organization (SSO) of 37 Java APIs for Android \u2013 is still pending resolution by the judge presiding over the case, William Alsup, who stated that there is a question of law as to whether the SSO is even copyrightable. (The jury, which was instructed to proceed as though it was, has found\u00a0\u00a0 infringement here too.) Both parties are expected to submit legal briefs with their arguments on this point.<\/p>\n

As per the parties’ agreement, there will be no ruling on damages for the two counts of copyright infringement until Judge Alsup makes a determination as to whether the SSO is copyrightable. If the SSO\u00a0 is found copyrightable, the other damages will be determined at the new trial; if not, Judge Alsup will award statutory damages of $150,000 on each count. In either case, an appeal is certain to follow.<\/p>\n

In the meantime, Google has filed a motion for mistrial, which,\u00a0 if\u00a0 granted, will allow a whole new trial and another\u00a0 chance for Google to contest\u00a0 the issue of infringement as well.<\/p>\n

Meanwhile, the case has moved forward to deal with Oracle’s patent infringement allegations, with jury deliberations having started yesterday.<\/p>\n","protected":false},"excerpt":{"rendered":"

This morning, Google and Oracle, with the permission of the judge, reached a stipulation, agreeing, among other things, to leave the question of damages out of the jury’s hands. As of now, the jury has found two counts of copyright infringement by Google, for nine lines of rangeCheck code and eight decompiled Java files. The\u00a0 […]<\/p>\n","protected":false},"author":22,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[2786,74,1009,2787,2785],"_links":{"self":[{"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/posts\/11278"}],"collection":[{"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/users\/22"}],"replies":[{"embeddable":true,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/comments?post=11278"}],"version-history":[{"count":4,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/posts\/11278\/revisions"}],"predecessor-version":[{"id":11280,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/posts\/11278\/revisions\/11280"}],"wp:attachment":[{"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/media?parent=11278"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/categories?post=11278"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/techcitement.com\/wp-json\/wp\/v2\/tags?post=11278"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}