Oracle attorney says Google’s court victory might kill the GPL
arstechnica.com
arstechnica.com
I'm not a lawyer, but my understanding is that Google used the Java API documentation and re-implemented the API for Android. The Java byte-code get's translated into Dalvik environment (DEX) code. There is NO JVM, etc being used. The Java byte-code was well documented in a book back in the days when Sun owned it.
Since Oracle have bought Sun, they have adopted patent troll techniques.
Drawing this conclusion is a bit far fetched, isn't it? I there really a basis for the idea that the very specific "Oracle v. Google fair use" verdict can be applied to open source software in general?
* There were two major questions, one was about copyrights, the other was about patents.
* I think that the district court believes that names and short phrases are not copyrightable. So the court excluded API names and class and function headers from the question. So a question that was left was whether the structure / sequence / organization of API's were copyrightable.
* The court doesn't hold that the structure / sequence / organization of API's are uncopyrightable, just that in Oracle's case it wasn't.
* I think the jury found minor copyright violations (9 lines of copied code and tests that weren't shipped in production), and I believe Oracle and Google settled those matters for $0. As a detail, the court noted that the 9 lines of copied code was written by the same person who was employed by both Sun and Google.
* So the remaining question was on patents, and the jury found that Google's implementation of code underneath API calls were original.
* The court phrases legal questions for jury consideration very precisely as an itemized checklist for the foreman to tally up unanimous consensus, which is left blank if the jury deadlocks. The first jury deadlocked on the most important question of fair use, and the second jury unanimously felt that Oracle did not make its case on the structure / sequence / organization. I believe one argument about structure related to whether the structure of names (which themselves cannot be copyrighted) were due to external factors of compatibility or industry expectations.
There was like a multi-prong framework for viewing whether use of the structure of API was fair use, and I believe one argument rested on whether the copying of that structure related to external environmental factors like industry expectations.
Another important aspect of the ruling was that copyrights were not meant to enforce monopolies, but rather patents were, and on the patent question the jury found Google to have written original classes and methods underneath the API.