The trial between tech giants continues to speak, and yesterday the jury found Google liable for copyright infringement related to Oracle Java. Anyway the issue is far from over and still could not determine whether the Mountain View made “fair use” of the material investigated.
This last point is under discussion since the last week. The jury concluded that Google violated copyright Oracle to use the structure, sequence and organization (SSO, for its acronym in English) of 37 Java APIs for developing Android; yet still did not get a unanimous answer about the “fair use” advanced by the corporation of the browser.
This point is crucial in the case, and now Judge William Alsup has to find a way of dealing with the jury’s inability to define the issue. Google says that once Sun Microsystems did not give the necessary information to know that Java required a license, hence the relief under the criterion of “reasonable or legitimate use.”
The other key aspect that is still under debate is whether they can apply copyright to the SSO APIs Java, although the jury was instructed to proceed as if this were so. However, both companies will have to submit arguments on the issue before Judge Alsup on 10 May, while 14 will do the same with each other. After this the judge will have to make a decision.
If the judge indicates that the APIs can not be protected by copyright, the jury’s verdict against Google would be considered irrelevant and would be granted a mistrial at the Mountain View .
The patent dispute between Google and Oracle started nearly two years, but recently came to light in January 2011. Since then, the companies launched accusations and once tried to sit down and negotiate, but could never agree to close the discussion outside of the Court.
After many delays the two tech giants are will face at trial that begins next April 16th
. Now the two companies will have to present relevant evidence to show whether during the creation of Android was used (or not) part of the original Java code. Oracle argues that a penalty should fall on Google for the violation of 7 of his patents, but developers say the Mountain View Java code files were used only during testing and not as part of a final product. Now the last word will have justice. Recently Google was willing to allocate a percentage (between 0.15 and 0.5%) of the proceeds from the sale of gadgets Android until 2018 as compensation for Oracle, provided that the latter come out victorious from the Court. But the owners rejected the offer Java
considering it “not serious”. no choice now but wait. Both corporations are powerful and seem to have tabs for the trial, we will closely follow the actions to see how close this lengthy conflict between Google and Oracle. Track | ZDNet.