A Federal appeals court overturned the decision in a lengthy lawsuit about the fact that Google violates Oracle on the Java programming language to create its popular Android mobile operating system.
The court said that Google’s use of java was “not fair” and sent the case back to the court to determine damages.
The Oracle was originally requested $ 9 billion. The court said that Android has helped Google to earn advertising 42 billion dollars in revenue since the first Android phone went on sale in 2008.
Oracle welcomed the ruling Tuesday, stating that the opinion in the U.S. court of appeals for the Federal district “adheres to the fundamental principles of copyright”.
A Google spokesman said the ruling was disappointing and that she “will make applications and online services more expensive for users.” The company said it is considering its options.
The court weighed that up in Google, 11,500 lines of java code in the core of the Android operating system amounted to fair use and found it not.
Judge Kathleen O’malley, writing for three judges hearing the case rejected Google’s argument that the use code is a non-profit; it turned out that this is not a “conversion” with the copied code runs exactly as an Oracle; and that Google’s development of Android has robbed the Oracle the ability to make money from the java SE Platform for mobile devices.
Actually, java on SE phones from companies like BlackBerry and Nokia. The court stated that Amazon used the fact that Android were given free of charge for producers to negotiate with huge discount on Java SE for use in the earlier kindle tablet. Amazon later began to use a modified version of Android.
“There is nothing fair about taking a copyrighted work verbatim and use it for the same purpose and function as the original in a competing platform,” O’malley wrote.
This is the second time the appellate court heard the case.
U.S. District judge William Alsup sided with Google in 2012, ruling that the so-called “application programming interfaces” (APIs) is not copyrighted. The appellate court reversed the decision and Alsup referred the case to a second trial in which the jury is also in Google’s favor in may 2016. Both companies appealed the decision.
Google shares the parent alphabet fell on Tuesday by 4.5%, to close at $1,006.94, while Oracle shares fell 2.4 percent to close at $45.38.
Sourse: abcnews.go.com
