Washington DC
14 February 2017
Reporter: Barney Dixon
Oracle revives Google case
Oracle has revived its long running copyright dispute with Google over its Java application interfaces (APIs).

The company has once again taken the search engine to the US Court of Appeals for the Federal Circuit, this time to appeal against last year’s jury finding Google’s use of 37 Java APIs constituted fair use.

Google has reaped “billions of dollars while leaving Oracle’s Java business in tatters”, according to its opening brief.

In 2010, Oracle acquired Sun Microsystems and the rights to the Java programming language for $7 billion.

It then promptly sued Google, which, according to Oracle’s general counsel, Dorian Daley, developed its Android operating system by “illegally copying core Java technology to rush into the mobile device market”.

Last year, the jury concluded that Google’s use of the APIs constituted “fair use”.

But Oracle said in its brief that the jury reached the wrong result because “the district court repeatedly undermined Oracle’s case, often directly contrary to [the Federal Circuit’s] prior opinion”.

“The court sua sponte reinforced Google’s theme that Android was limited to the smartphone market where Java supposedly did not compete—and eliminated one of Oracle’s central arguments—by precluding Oracle from showing all the markets where Android and Java overlapped.”

Oracle said that Google knew that this was false, but soon after the decision, it announced Android for PCs.

“Google was secretly planning the launch for months, but Google explicitly—and falsely—denied any such plan in written discovery responses.”

“Nevertheless, when the truth emerged, the district court declined to vacate the verdict.”

Google has yet to file its response.

More Copyright news
The latest news from IPPro The Internet
Join Our Newsletter

Sign up today and never
miss the latest news or an issue again

Subscribe now
Elsevier wins $15 million settlement
26 June 2017 | New York | Reporter: Barney Dixon
Elsevier has received $15 million in damages in its copyright infringement lawsuit against Sci-Hub, the Library Genesis project and a number of other sites
Trio sentenced over piracy business
26 June 2017 | London | Reporter: Barney Dixon
Three men have received suspended prison sentences for illegally distributing copyrighted content, costing more than £2.5 million
Dancing Baby will be neither seen nor heard
21 June 2017 | Washington DC | Reporter: Barney Dixon
The US Supreme Court has denied certiorari in the infamous ‘Dancing Baby’ copyright infringement case
Deadpool uploader arrested
20 June 2017 | Los Angeles | Reporter: Mark Dugdale
A man in California has been arrested on charges of criminal copyright infringement for allegedly uploading a copy of the Deadpool movie to Facebook
Netflix, Amazon and Disney help launch anti-piracy coalition
19 June 2017 | New York | Reporter: Barney Dixon
Netflix, Amazon and Disney are among 30 companies involved in the launch of the Alliance for Creativity and Entertainment
Operation Creative causes 87 percent drop in infringing ad revenue
15 June 2017 | London | Reporter: Barney Dixon
The operation gives gambling operators access to an up-to-date list of copyright infringing sites through PIPCU’s Infringing Websites List
CJEU confirms The Pirate Bay does communicate to the public
15 June 2017 | Luxembourg | Reporter: Mark Dugdale
The Pirate Bay, as a P2P network that indexes infringing content, is engaging in communications to the public under the Copyright Directive