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Oracle claim Google’s use of Android “decidedly unfair” in appeal

Chris Mayer

Undeterred by their defeat last year, Oracle want the Android decision reversed after judge’’s “error”.

Despite losing the protracted Android infringement battle with
Google last year, Oracle show no sign of letting up, filing
their first appeal brief
which orders the decision to be

The database giant were ordered by Judge Alsup to foot the $1.1m
bill for the near year-long court battle, after it was ruled Google
had fairly used Java patents within the mobile platform. Now Oracle
claim that the judge’s decision was a “basic legal error” and that
Google’s usage of Android was “decidedly unfair.”

Oracle first sued Google in 2010 for infringing the copyright on 37
Java APIs in Android, seeking billions in damages. The defendant
however argued that they had free reign to use those APIs under
fair use.

A jury initially delivered a partial verdict in Oracle’s favour,
but without taking fair use into consideration. After much
deliberation, the presiding judge
tossed out Oracle’s claim
, ruling that APIs were
not copyrightable, a landmark ruling that affected developers
across the industry.

Oracle argue in this new filing that the use of Java “enabled
Google to rush Android to market,” which in part allowed it become
a commercial success.

“Copyright protects a short poem or even a Chinese menu or jingle,”
wrote Oracle attorney E.Joshua Rosenkranz. “But the copied works
here were vastly more original, creative, and labor-intensive.
Nevertheless, the district court stripped them of all
copyright protection.  The court saw this software as just

Within the filing, Oracle use a hypothetical scenario to back up
their argument, by creating a fictional “Ann Droid”. In Oracle’s
analogy, the fictional author steals parts of J.K. Rowling’s “Harry
Potter” after seeing the advance copy.

“Defendant Google Inc has copied a blockbuster literary work just
as surely, and as improperly, as Ann Droid,” the Oracle attorney

Google have yet to comment on the appeal brief from Oracle, with
their own due in May.

Image courtesy of Dan4th

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