by Judge William Alsup for obstruction Oracle to earn billions of dollars against Google's mobile operating system
Oraclehigh 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 Alsupsaid 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.
- Now Alsup determination is questionable. The API said Alsup in his ruling, as "a system or method of operation in accordance with section 102 (b) of the Act on copyright and can not be owned .. . of the Act gives the only property on the specific way in which the author wrote his version. Others are free to write your own application to perform the same function, above all, ideas, concepts and functions that can not be monopolized by author rights. "
- to reverse the decision, Oracle would have to reverse the determination Alsup on legal arguments, and then another jury to decide that using the Google API was beyond 'fair use'.
- For Google, the decision is an important victory in the smartphone wars patent. Although there are still many skirmishes in progress, and Google on Thursday evening filed a complaint with the European Commission, the Department of Justice and U.S. Federal Trade Commission to complain about the deployment of Microsoft and Nokia patent - meaning that applications for Oracle, first filed in 2010, was gradually taken out.
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.
Find best price for : --APIs----News----Mercury----Francisco----Stanford----Brian----Oracle----Java----Android----Google----Alsup----William--
Blog Archive
-
▼
2012
(388)
-
▼
August
(50)
- Nuclear security award given to former US senators
- Arkham City Focused on Making Batman Less of a Sup...
- Book written in DNA code
- Boston Shuts Down Uber Because Massachusetts Doesn...
- Tom Daley Twitter abuse arrest leads to calls to e...
- Canadian Cities Looking To Opt-Out Of CETA Rather ...
- Kingdom Heart 3D: Dream Drop Distance - review
- Even Obama Is A Pirate: BMG Issues New Takedown On...
- Is Open Data A Boon Or A Bane?
- Stephen Emmott: overpopulation is at the root of a...
- Bethesda Softworks: Dishonored and The Elder Scrol...
- Samsung Galaxy Nexus banned in US
- 'Leap second' lengthens weekend
- DailyDirt: Space Race Continues
- Google I/O keynote live
- Microsoft loses EU antitrust fine appeal
- Ofcom outlines new anti-piracy rules
- Do We Need A 'Circle Section' Registry To Prove Di...
- Microsoft rejects Motorola patent offer
- Gogo spreads its in-flight WiFi wings further with...
- Chou University builds hybrid NAND-ReRAM unit that...
- TomTom Kicks Off FUD Campaign Against 'Dangerous' ...
- Facebook to reveal identities of cyberbullies
- Nasdaq chief apologises for handling of Facebook I...
- 3M and Nanosys team-up to roll out quantum dot-enh...
- Microsoft, Nokia hit back at 'patent troll' claims
- Callum Roberts: if seas are to survive, we need a ...
- APIs cannot be copyrighted, judge says
- Jeremy Hunt: how did Leveson get hold of his texts?
- The final frontier? Trillion-dollar plan to build ...
- DailyDirt: Cheaper Satellites Are Blasting Off
- RIM: a ship going to the breaker's yard
- HMRC's new online tax calculator crashes hours aft...
- Facebook IPO: five things that went wrong with the...
- Schmidt: governments are threat to net
- Arise, Sir Jonathan: Apple designer knighted
- Want More Jobs? Get Rid Of The Patent Trolls
- How Does Fair Use Fit Into The Critique Of Copyright?
- Facebook IPO: is a smartphone next?
- Google unleashes sparkly new search tool
- TV Network Execs Contemplate Going To Court To Say...
- Cory Doctorow: the problem with nerd politics
- Brain implant allows paralysed woman to control a ...
- Fifa 13 details revealed - smarter attackers, hard...
- Oracle-Google trial: both sides win, or lose
- We are powerless against porn in a new digital era
- The sane solution to web porn fears
- Keith Vaz urges tighter controls on violent games
- How Can You Tell If Uploading Your Cover Song To Y...
- Why the death of DRM would be good news
-
▼
August
(50)
0 comments:
Post a Comment