Sign in to comment!



Google smacks down Oracle as smartphone trial of century ends

  • Oracle Google Trial Page.jpg

    April 18, 2012: Google CEO Larry Page walks into a federal building in San Francisco to testify in a legal battle against Oracle. A day earlier, Oracle CEO Larry Ellison acknowledged he wanted to compete against Android in the smartphone market before deciding instead to sue his potential rival for copyright and patent infringement. (AP Photo/Eric Risberg)

  • Oracle Google lawsuit Ellison.jpg

    April 17, 2012: Oracle CEO Larry Ellison arrives for a court appearance at a federal building in San Francisco. Oracle relied heavily on Google's own internal emails to argue Google's top executives knew they were stealing a popular piece of technology to build the Android software. (AP Photo/Paul Sakuma)

  • oracle google email lawsuit

    April 17, 2012: A 91-slide PowerPoint presentation released by Oracle lays out the company’s case. The presentation quotes Google executives extensively arguing about the need to either license Java or simply plow ahead full steam -- damn the consequences. (Oracle)

Oracle Corp. received another setback Thursday as a federal judge in San Francisco undermined a central part of the company's multimillion dollar case against Google over its Android software for mobile devices.

Oracle had accused Google of copyright infringement in using "application programming interfaces," or APIs, that help Oracle's Java software work effectively. A jury found Google infringed on those APIs on May 7, but it couldn't agree on whether Google was covered under "fair use" protections in U.S. law. Without a fair-use determination, Oracle wasn't able to extract huge sums from Google.

Now, U.S. District Judge William Alsup said Google's use of the APIs wasn't covered by copyright law in the first place.


Oracle has accused Google of patent infringement over Google's Android, the mobile OS that now powers more than 300 million smartphones and tablets.

Jan. 27, 2010: Oracle closes deal to buy Sun Microsystems, gets Java platform.

Aug. 12: Oracle sues Google in U.S. District Court, says Android infringes on Java.

Sept. 12, 2011: Company CEOs try to settle.

March 27, 2012: In a joint statement, companies say they are hundreds of millions of dollars apart.

April 16: Trial begins. Oracle says Google knowingly stole their tech.

April 17: Google frames the case as Oracle's response to its own failure to build mobile software.

May 1: Lawyers make closing arguments. Judge sends case to jury for deliberation.

May 7: In a partial verdict, the jury found that Google infringed on the largest of Oracle's claims, but it couldn't agree on whether this was protected under "fair use."

May 23: Jury rules that Google did not infringe on Oracle's patents.

The effect of Thursday's ruling is limited because a jury had earlier reached an impasse on the issue of fair use. But the ruling could be important in any appeals.

And Oracle said it will appeal the ruling.

Android now powers more than 300 million smartphones and tablet computers. Those devices are the chief competitors to Apple's iPhones and iPads. Google has driven the adoption of Android by giving the software away to manufacturers of phones and tablets. That would have been more difficult for Google to keep doing if the court had found that Google needed to pay Oracle millions of dollars to license Java technology.

The jury in the case had been asked to rule on the infringement and fair use questions on the assumption that the APIs were copyrightable. Alsup deferred a ruling on the broader copyright question until after the trial, which ended May 23.

Alsup ruled Thursday that Google didn't use Oracle's exact programming code in Android, but rather wrote its own code to produce the same functions. Although Google used some of the same phrases in the code, Alsup said it had to do so to maintain interoperability. Names, titles and short phrases aren't covered by copyright, and Google's use of those phrases amounted to that, he said.

"In sum, Google and the public were and remain free to write their own implementations to carry out exactly the same functions of all methods in question, using exactly the same method specifications and names," Alsup said.

'It's a good day for collaboration and innovation.'

- Google statement

In a statement, Google said "the court's decision upholds the principle that open and interoperable computer languages form an essential basis for software development. It's a good day for collaboration and innovation."

Oracle countered that Alsup's ruling would "make it far more difficult to defend intellectual property rights against companies anywhere in the world that simply takes them as their own."

Alsup's ruling does not affect the jury's determination that Android infringed on nine lines of Java coding, but the penalty for that violation is confined to statutory damages no higher than $150,000. Oracle had been seeking hundreds of millions of dollars from Google on the API questions.

The jury has also cleared Google of infringing two Oracle patents.