Friday, August 10, 2012

Resolution

by Judge William Alsup for obstruction Oracle to earn billions of dollars against Google's mobile operating system

Oracle

high profile lawsuit against Google, claiming that the search giant mobile software Android violated both copyright and patents obtained from Sun Microsystems, is in tatters after the judge trial found that the key elements of Sun's software can not be owned, we have not been violated.

Judge William Alsup

said the 37 application programming interfaces (APIs) for Java programming language is used in Android is not covered by copyright - which means that use of them by Google in Android is not an offense. Oracle said it would appeal against the decision of Alsup.

His decision means that Oracle, which had entered the event confident he would win a decision of billions of dollars that could result in a charge for each sale of future Android device has actually taken end with nothing.

"Now is actually a total loss to Oracle, through the board," said Brian Love, an expert at Stanford Law School on Technology and Law intellectual property, the San Francisco Mercury News. "It is absolutely the case as possible for Google."

The results reinforce previous American businessmen, who have refused to extend copyright so that it includes the interfaces between programs or languages. Programming languages ??can not be possessed.

"To accept the assertion of Oracle allow anyone to copyright a version of the code to perform a command system and avoid all others who make their own versions to carry out all or part of the command, "Alsup, who has programming experience, wrote in his decision. "No conclusion has adopted a radical proposal."

He noted tha:. T "This command does not claim that the packages of the Java API is free for all to use without a license, but on the specific facts of this case, the specific elements replicated by Google are free for all to use under of the Act on Intellectual Property. "

Oracle can get compensation for copyright infringement of others who were found in the case, but those who have a legal limit of $ 150,000 in a case that has cost both sides millions people.

For Oracle, has also seen its fall high-risk approach on. Before trial, Google made an attempt to resolve what would have led to a very small part of advertising and other revenues collected by the use of Android. Oracle declined.

A jury in the case of long duration were found on May 7 that Google has violated eight API, but could not agree on whether Google was covered by "fair use" provisions of the copyright United States, which allow limited uses of copyrighted works to create others.

Android now powers over 300 meters and smartphones Tablet PC. These devices are the main competitors of Apple's iPhone and iPad.

Google has encouraged the adoption of Android by giving the software away to phone makers and tablets. It would have been harder for Google to continue if the court determined that Google needs to pay millions of dollars from Oracle to license Java technology.

The jury in the case had been asked to rule on issues of infringement and fair use if the APIs are protected by copyright. Alsup has postponed its decision on the broader issue of copyright after the trial, which ended May 23
Alsup ruled Thursday that Google did not use the exact program code of Oracle on Android, but have written their own code to produce the same functions. Although Google uses some of the same phrases in the code, Alsup said he had to do to maintain interoperability. The names, titles and short phrases that are not covered by copyright, and the use of Google these phrases came to that, he said.


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