Originally Posted by ItsTheInternet
It seems pretty unlikely they will prevail.
Obviously you didn't listen to the hearing in front of the Appeals Court. The judge's questions and comments give pretty solid indication they will reverse Judge Alsup's ruling, as does a basic understanding of copyright principles. The ruling is expected sometime in the next month or so. Get a grip because for many guys like yourself the internet is about to asplode with the copyrightability of APIs. You might recall that the trial jury _already_ found that Google had _infringed_ Oracle's APIs, but that judge Alsup later ruled that the APIs weren't copyrightable, which let Google off the infringement hook. Soon Google will be back on the Java infringement hook, and then we'll get to the question of whether Google's use was a fair one. There could be a new trial for that since the original jury deadlocked on the fair use issue, but the Appellate Court judges could decide on fair use themselves when they announce their ruling, since it's a judgment of law and arguments for both sides were already made during the trial.
Listen to the hearing for yourself, there isn't the slightest chance any one of those 3 judges is going to uphold that the 37 Java API packages aren't original expression protected by copyright. The statutes and the Supreme Court precedents are far too clear. This has been evident to many all along and just a matter of time and process to get through. Alsup did his very best to find a rationale to exclude them, but it was ultimately a lame theory. The more interesting issue now is the question of fair use, I doubt it will fly but at least there's a chance there. And if it's not fair use then the most interesting question is what happens to Android once Oracle gets their injunction. Lost copyright infringement cases invariably result in an injunction as the remedy going forward, as well as there having to be another trial to determine the remedy for past damages. Oracle will allow Google a Java license, but they'll have to make Android truly Java compatible. What other choice will Google have?
Buckle your seatbelt!
Copyrighting APIs is unthinkable to anyone who develops software regularly. getTime() eh? Now you owe me millions? I don't think so
Non sequitur. One wonders if you're being deliberately obtuse or facetious. Since when is a developer calling "getTime()" anything like what Google did in cherry picking 37 Java API packages and copying thousands of lines of code verbatim to create Dalvik?
Edited by ruddy - 2/16/14 at 10:52am