Feeds

Jury mulls verdict in Oracle-v-Google Java spat

Phase one of trial nears completion

High performance access to file storage

The jury in the copyright trial between Oracle and Google over the use of Java in Android has retired to consider its verdict after closing arguments from both sides.

Judge William Alsup gave the jurors a 21-page document with guidelines of how to review the case, telling them that they should ignore the arguments of lawyers and concentrate on the statements of witnesses in deciding the case. They should also consider if Google's defense of "fair use" of the 37 Java APIs is reasonable.

"The public may use any copyrighted work in a reasonable way under the circumstances without the consent of the copyright owner if it would be in the public interest," he advised. "Such use of copyright work is called "fair use." The owner of the copyright cannot prevent others from making fair use of the owner's copyrighted work."

This doctrine was key to Google's closing arguments on Monday. Google counsel Robert Van Nest said that Google had written its own code APIs to mimic Java under fair use, rather than stealing it. He also pointed out that former Sun CEO Jonathan Schwartz had testified that Google was in the clear and that Sun didn't have a problem with Android, something he blogged about when congratulating Google on the launch of Android.

Blogs do not make a business case, fired back Oracle's attorney Michael Jacobs. He pointed to a few lines of code that were identical to Java and said that it was clear that Google was on the wrong side of the law in this case. He also highlighted emails showing Google may have been worried about patent infringement.

The jury will now consider the case, which is the first of three trials over Java. This copyright phase is however the most important, and is likely to be a bellwether for the case as a whole. ®

Combat fraud and increase customer satisfaction

More from The Register

next story
Putin tells Snowden: Russia conducts no US-style mass surveillance
Gov't is too broke for that, Russian prez says
Lavabit loses contempt of court appeal over protecting Snowden, customers
Judges rule complaints about government power are too little, too late
Don't let no-hire pact suit witnesses call Steve Jobs a bullyboy, plead Apple and Google
'Irrelevant' character evidence should be excluded – lawyers
EFF: Feds plan to put 52 MILLION FACES into recognition database
System would identify faces as part of biometrics collection
Edward Snowden on his Putin TV appearance: 'Why all the criticism?'
Denies Q&A cameo was meant to slam US, big-up Russia
Record labels sue Pandora over vintage song royalties
Companies want payout on recordings made before 1972
Ex-Tony Blair adviser is new top boss at UK spy-hive GCHQ
Robert Hannigan to replace Sir Iain Lobban in the autumn
Judge halts spread of zombie Nortel patents to Texas in Google trial
Epic Rockstar patent war to be waged in California
Reprieve for Weev: Court disowns AT&T hacker's conviction
Appeals court strikes down landmark sentence
German space centre endures cyber attack
Chinese code retrieved but NSA hack not ruled out
prev story

Whitepapers

SANS - Survey on application security programs
In this whitepaper learn about the state of application security programs and practices of 488 surveyed respondents, and discover how mature and effective these programs are.
Combat fraud and increase customer satisfaction
Based on their experience using HP ArcSight Enterprise Security Manager for IT security operations, Finansbank moved to HP ArcSight ESM for fraud management.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Top three mobile application threats
Learn about three of the top mobile application security threats facing businesses today and recommendations on how to mitigate the risk.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.