Google violated copyright, but no damages: jury

A jury ruled that Google violated copyrights owned by Oracle Corp. for the Android mobile platform, but failed to agree on whether damages should be awarded in the high-profile trial.

In a partial verdict, jurors were unable to decide on a key point of whether Google's use of copyrighted Java software was "fair use" that made it acceptable.

The verdict stymies potential for an Oracle windfall, but the case between the two California tech titans now moves to another phase on whether Java software patents were violated.

"There has been zero finding of liability on any copyright so far," US District Court Judge William Alsup told the rival attorneys after the jury left his San Francisco courtroom.

"The affirmative defense of fair use is still in play."

The jury, unable to reach unanimous decision on all four questions at issue, concluded that Google infringed on 37 copyrighted application programming interfaces (APIs).

It also agreed that Google demonstrated that it was led to believe it did not need a license for using Java.

"Oracle, the nine million Java developers and the entire Java community thank the jury for their verdict in this phase of the case," a company statement said.

Google lawyers moved to have a mistrial declared due to impasse on the pivotal "fair use" point, but both sides were expected to let Alsup make the call that the jury could not.

"We appreciate the jury's efforts, and know that fair use and infringement are two sides of the same coin," Google said in an official statement.

A ruling by Alsup that copyrighted Java APIs in Android were not "fair use" would open the door for jurors to award cash damages to Oracle in a damages phase of the trial.

"The core issue is whether the APIs here are copyrightable, and that's for the court to decide," Google said. "We expect to prevail on this issue and Oracle's other claims."

Jurors agreed that Google infringed on nine lines of code in a Java "RangeCheck method" in Android in a relatively inconsequential win for Oracle.

Alsup said that "it borders on the ridiculous to say that with nine lines of code you are going to even get a percentage as damages," in an Android platform with 15 million lines of code.

Oracle accused Google of infringing on Java computer programming language patents and copyrights Oracle obtained when it bought Java inventor Sun Microsystems in a $7.4 billion deal in 2009.

Google has denied the claims and said it believes mobile phone makers and other users of its open-source Android operating system are entitled to use the Java technology in dispute.

The Internet titan unveiled the free Android operating system two years before Oracle bought Sun.

Oracle's challenge of Google in court over copyrights was an unusual tactic being watched intently in Silicon Valley.

In the fast-paced land of Internet innovation, it has been common for software writers to put their own spins on APIs that mini-programs use to "talk" to one another.

Alsup called the jury back into the courtroom to commence a second phase of the trial devoted to whether Google violated Java patents.

Jurors were shown video explaining patents. While copyright applies to written works such as songs, a patent was described as being on par with a property deed issued to inventors giving them rights to defend creations.

Oracle attorney Michael Jacobs said fair use is not a defense in patent infringement. He said the company will show Google improperly used the Java patents, which speed up the processing for mobile devices.

"These patents are about making phones run fast," he told the jurors.

Google will present its statement to the jury Tuesday. Part of the Google defense is that Oracle couldn't figure out a way into the smartphone market and is thus trying to leech off of Android's success by pressing claims regarding Java software that Sun made publicly available.

Loading...

Editor’s note:Yahoo Philippines encourages responsible comments that add dimension to the discussion. No bashing or hate speech, please. You can express your opinion without slamming others or making derogatory remarks.

  • National Geographic 'Afghan girl' in Pakistan papers probe
    National Geographic 'Afghan girl' in Pakistan papers probe

    Pakistani officials are investigating after the famous green-eyed "Afghan girl" immortalised in a 1985 National Geographic magazine cover was found living in the country on fraudulent identity papers. The haunting image of the then 12-year-old Sharbat Gula, taken in a refugee camp by photographer Steve McCurry, became the most famous cover image in the magazine's history. Now Pakistani officials say that Gula applied for a Pakistani identity card in the northwestern city of Peshawar in April …

  • ‘Noy angered by previous SAF failures to get Marwan’
    ‘Noy angered by previous SAF failures to get Marwan’

    Supt. Raymund Train, who led the SAF team that killed Marwan in Mamasapano, Maguindanao on Jan. 25, recounted in a sworn statement the meeting he and senior SAF officers had with Aquino in Malacañang on Nov. 30. Train said among the senior officers who attended the meeting were then PNP chief Director General Alan Purisima, SAF chief Director Getulio Napeñas, SAF deputy commander Chief Supt. Noli Taliño and intelligence group chief Senior Supt. Fernando Mendez. …

  • Lupita Nyong'o's $150,000 Oscars dress stolen from hotel
    Lupita Nyong'o's $150,000 Oscars dress stolen from hotel

    The $150,000 pearl-studded, custom-made Calvin Klein dress worn by Oscar-winning actress Lupita Nyong'o at this year's Academy Awards has been stolen, police said on Thursday. The gown, embellished with 6,000 natural white pearls, was stolen from Nyong'o's room at the London Hotel in West Hollywood, during the day on Wednesday, a spokesman for the Los Angeles County Sheriff's Department in West Hollywood said. "Ms Nyong'o was not in the room at the time of the theft," Deputy John Mitchell …

  • NYC, Orthodox Jews reach deal on circumcision suction ritual
    NYC, Orthodox Jews reach deal on circumcision suction ritual

    NEW YORK (AP) — The city said Tuesday it has reached a tentative agreement with members of the ultra-Orthodox Jewish community over a tradition known as oral suction circumcision. …

  • South Korea decriminalises adultery, condom shares soar
    South Korea decriminalises adultery, condom shares soar

    South Korea's Constitutional Court on Thursday struck down a controversial adultery law which for more than 60 years had criminalised extra-marital sex and jailed violators for up to two years. The decision saw shares in the South Korean firm Unidus Corp., one of the world's largest condom manufacturers, soar by the daily limit of 15 percent on the local stock exchange. "Even if adultery should be condemned as immoral, state power should not intervene in individuals' private lives," said …

  • Vatican seeks to quell Mexican anger over pope's drug remark
    Vatican seeks to quell Mexican anger over pope's drug remark

    VATICAN CITY (AP) — The Vatican sought Wednesday to defuse a diplomatic tiff with Mexico after Pope Francis referred to the possible "Mexicanization" of his native Argentina from drug trafficking, the latest instance of Francis' casual speaking style getting him into trouble. …

  • Duterte: Disband all armed groups
    Duterte: Disband all armed groups

    All armed groups, including those of the communists and Muslim secessionist groups, should be disbanded for the country to achieve stability, Mayor Rodrigo Duterte said yesterday. Duterte said even the Moro Islamic Liberation Front, the Moro National Liberation Front and the New People’s Army should be asked to lay down their arms once these groups agree to join him in what he described as a unity government if he becomes President in 2016. Duterte said under the federal government that he is …

  • U.S. flies most advanced surveillance plane from Philippines

    By Manuel Mogato MANILA (Reuters) - The United States has begun flying its most advanced surveillance aircraft, the P-8A Poseidon, out of the Philippines for patrols over the South China Sea, the U.S. Navy said on Thursday, acknowledging the flights for the first time. The United States, the Philippines' oldest and closest ally, has promised to share "real time" information on what is happening in Philippine waters as China steps up its activities in the South China Sea. China claims most of …

POLL

Should Aquino be held accountable over the Mamasapano operations?

Loading...
Poll Choice Options