Off We Go: Oracle Officially Appeals Google's Fair Use Win

from the off-to-the-races dept

It was only a matter of time until this happened, but Oracle has officially appealed its fair use Java API loss to the Federal Circuit (CAFC). As you recall, after a years-long process, including the (correct) ruling that APIs are not covered by copyright being ridiculously overturned by CAFC, a new trial found that even if APIs are copyright-eligible, Google's use was covered by fair use. Oracle then tried multiple times to get Judge William Alsup to throw out the jury's ruling, but failed. In fact, on Oracle's second attempt to get Alsup to throw out the jury's ruling, citing "game changing" evidence that Google failed to hand over important information on discovery, it actually turned out that Oracle's lawyers had simply failed to read what Google had, in fact, handed over.

And now the case will finally move up a level, as it was always going to do. There should be lots of fireworks here. CAFC is notoriously bad on a variety of issues, but it would take a pretty impressive level of confusion here to mess this up. Going against a jury's findings on fair use is a big ask, and Oracle is likely to try some silly games whining about jury instructions and such. Hopefully CAFC doesn't fall for it. If it does, hopefully, it doesn't muck stuff up as badly as it did with its first ruling in this case, that simply got confused over the nature of what an API actually is.
Hide this

Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.

Techdirt is one of the few remaining truly independent media outlets. We do not have a giant corporation behind us, and we rely heavily on our community to support us, in an age when advertisers are increasingly uninterested in sponsoring small, independent sites — especially a site like ours that is unwilling to pull punches in its reporting and analysis.

While other websites have resorted to paywalls, registration requirements, and increasingly annoying/intrusive advertising, we have always kept Techdirt open and available to anyone. But in order to continue doing so, we need your support. We offer a variety of ways for our readers to support us, from direct donations to special subscriptions and cool merchandise — and every little bit helps. Thank you.

–The Techdirt Team

Filed Under: android, api, cafc, copyright, fair use, java
Companies: google, oracle


Reader Comments

Subscribe: RSS

View by: Time | Thread


  1. identicon
    Anonymous Coward, 27 Oct 2016 @ 7:08pm

    Re: Re: Re: Headline correction needed

    Cobol in a prior organisation was used to write various communications facilities by some serious programmers. I found it better than C++, JAVA and C#. It may have been verbose in many ways, but it was still usable in a clear way, particularly for support and maintenance after it was written. I do know of one programmer who would never program in it again no matter what payment was offered.

    C is a badly designed high level assembler. Inconsistent in the various implementations, very easy to foul up and excellent at making buggy programs.

    But, I wasn't describing C as a COBOL, but those COBOL like languages (that are worse) that are in use today - C++, JAVA, C#, etc.

    The only reason I am using it for implementing a language at this point in time is that it is used for the rest of the project. The hoops I will have to jump through to allow for multiple O/S's and hardware bases will make using C a real pain in the posterior.

Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here



Subscribe to the Techdirt Daily newsletter




Comment Options:

  • Use markdown. Use plain text.
  • Remember name/email/url (set a cookie)

Follow Techdirt
Insider Shop - Show Your Support!

Advertisement
Report this ad  |  Hide Techdirt ads
Essential Reading
Techdirt Deals
Report this ad  |  Hide Techdirt ads
Techdirt Insider Chat
Advertisement
Report this ad  |  Hide Techdirt ads
Recent Stories
Advertisement
Report this ad  |  Hide Techdirt ads

This site, like most other sites on the web, uses cookies. For more information, see our privacy policy. Got it
Close

Email This

This feature is only available to registered users. Register or sign in to use it.