Originally Posted by Gatorguy
Yet the Appeals Court did not find that code was protected. That's to be determined in a new trial over the issue of fair use.
You are mistaken. The appeals court did reverse Alsup's ruling and find that the declaring code of what most people are calling "the APIs" (more specifically the structure, sequence, and organization of the 37 Java API packages), is copyrightable. There are and have been 4 questions for the courts. Each is kind of dependent on the answer that comes before it, except Alsup set the trial up so that #2 was answered before #1.
1. Is the API declaring code copyrightable?
Alsup said no, the Appeals Court now says Yes.
2. Did Google infringe the API declaring code?
The original trial jury unanimously said yes, Google infringed.
3. Was Google's infringement a Fair Use exception?
The original jury hung on this question (it must be unanimous), so this question is now going to a new jury (remanded back to Alsup).
4. What are the damages?
The original jury didn't get to this question. A new jury will only get to this question if they first decide the use wasn't a fair one.
Edited by ruddy - 5/9/14 at 3:28pm