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Oracle Android Google Java

Oracle Asks Judge To Throw Out Java/Google Verdict...Again (siliconvalley.com) 122

Just when you thought the six-year, $9 billion lawsuit was over, an anonymous reader quotes this report from the Bay Area Newsgroup: Oracle has asked a judge -- again -- to throw out the verdict that found Google rightfully helped itself to Oracle programming code to create the Android operating system... A judge already rejected a bid in May by Oracle to get the verdict thrown out. But the software and cloud company hasn't given up. On July 6, Oracle filed a motion in San Francisco U.S. District Court again asking the same judge, William Alsup, to toss the verdict.

The company cited case law suggesting use is not legal if the user "exclusively acquires conspicuous financial rewards'' from its use of the copyrighted material. Google, said Oracle, has earned more than $42 billion from Android. "Google's financial rewards are as 'conspicuous' as they come, and unprecedented in the case law," Oracle's filing said. Oracle wants the judge to adhere to the narrower and more traditional applications of fair use, "for example, when it is 'criticism, comment, news reporting, teaching ... scholarship, or research.'"

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Oracle Asks Judge To Throw Out Java/Google Verdict...Again

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  • yea they stole java google steals everything. Get over and move on.

    • Put Ellison's head on a pike, at the Redwood Shores city limits.

      Seriously, this should have been done in the 90's.

      • Re: NUKE ORACLE (Score:4, Insightful)

        by WarJolt ( 990309 ) on Saturday July 09, 2016 @11:30PM (#52481279)

        We were too busy watching SCO go bankrupt. Now we can watch oracle.

        • We were too busy watching SCO go bankrupt.

          I'm still trying to figure out what that means. I mean, has anybody lost their house yet? Even with all of this, a simple divorce proceeding would be much more devastating to any particular individual involved in the case.

          • We were too busy watching SCO go bankrupt.

            I'm still trying to figure out what that means. I mean, has anybody lost their house yet? Even with all of this, a simple divorce proceeding would be much more devastating to any particular individual involved in the case.

            Watching this game by Ellison is like watching exaggerating Donald Trump. And watching Jealousy and greed manifest itself.

            • It's a show. Who doesn't act differently when the cameras are on? Afterwards, they are off to the dinner party with the wives. Does anybody really believe in this faux antipathy?

        • by mysidia ( 191772 )

          It's not going to happen, until companies stop purchasing their product and Enterprises with OracleDB ditch it to save $$$ on the licensing

      • Oracle's one redeeming quality seems to be their honesty. I've wondered if I asked an Oracle salesman, "You're going to screw me over, aren't you?" if they would answer yes.

        I've never wanted to stay in a conversation with an Oracle salesman long enough to ask that.
        • by Anonymous Coward

          Oracle's one redeeming quality seems to be their honesty. I've wondered if I asked an Oracle salesman, "You're going to screw me over, aren't you?" if they would answer yes.

          I've never wanted to stay in a conversation with an Oracle salesman long enough to ask that.

          That's like saying you like a criminal because he's very honest about mugging you in the first place.
          Oracle are scum, second only to Microsoft. They deserve being killed by IBM, oh the irony if only it were possible.

        • by c ( 8461 )

          I've wondered if I asked an Oracle salesman, "You're going to screw me over, aren't you?" if they would answer yes.

          Being Oracle, they'd probably have a special price list for those kinds of services, with a business group built around ancillary services like STD testing, condom and lube suppliers, etc.

    • exclusively acquires conspicuous financial rewards

      hehe .. sniff hehe ..

  • by Kohath ( 38547 ) on Saturday July 09, 2016 @10:42PM (#52481113)

    Filing a court motion is not news. Appealing a ruling is not news. They are pro forma. It would be more newsworthy if they didn't happen.

    • by Desler ( 1608317 )

      No one cares what you think.

  • by haruchai ( 17472 ) on Saturday July 09, 2016 @10:45PM (#52481123)

    ....feel that M$, SCO and Apple aren't such a bad bunch after all

    • by MikeKD ( 549924 )
      The only good part of Terminator Genisys is when they blew up the Oracle campus. [wikipedia.org]
  • by fahrbot-bot ( 874524 ) on Saturday July 09, 2016 @11:09PM (#52481205)

    Oracle wants the judge to adhere to the narrower and more traditional applications of fair use, "for example, when it is 'criticism, comment, news reporting, teaching ... scholarship, or research.'"

    Oracle better watch what they ask for. A greedy company this size, I imagine they have some questionable skeletons in their closet - somewhere. Setting a precedent like this might come back to bite them on the ass. [Of course, that would be delicious for the rest of us.]

    • Oracle helped itself to IBM's 'structured query language' API many decades ago.

      • by jabuzz ( 182671 )

        That's what I was thinking. Oracle are playing an amazingly stupid game, because if they get the ruling they want I can see IBM coming after them for a *LOT* more money over this. I would be wanting hundreds of billions of dollars if I where IBM.

  • Spin article? (Score:2, Insightful)

    by Anonymous Coward

    "Google rightfully helped itself to Oracle programming code"... no, the court found that the APIs definitions do not constitute code. Which is absolutely right.
    The few lines of actual code that were the same (you know, code, the stuff that converts to machine code that runs on the processor), was so insignificant as to be nothing.

    Oracle have lied, spun, deceived, all the way through this. If the judge/jury had found any different then Oracle would own Dalvik, the VM written separately by a different group o

  • by PPH ( 736903 ) on Sunday July 10, 2016 @12:11AM (#52481377)

    Oracle: None shall pass.

    Google: Now stand aside worthy adversary.

    Oracle: 'Tis but a scratch.

    Google: A scratch? Your arm's off.

    Oracle: I've had worse.

    • It's been pretty clear since around February that this would make its way back to the appellate court. I don't think the judge took the case particularly clearly (as soon as it was over, he said, "Yeah, I know you're going to appeal"), although he did make a fairly strong argument that may have some influence on the appellate court.
      • by Anonymous Coward

        No, he understood it clearly enough and decided not to flip copyright to make API's copyrightable.... which among other things would have meant that WABI, Oracle's clone of Windows API, would have infringed, as would many of Oracles own products. That was the right decision, and is the status quo.

        This new claim from them "that Google's rewards are conspicuous, ergo not fair use" relating to the 20 or so lines of similar code (as opposed to APIs) isn't even true in fact.

        Android costs $0, phone makers can use

        • No, he understood it clearly enough and decided not to flip copyright to make API's copyrightable

          I'm not sure what you are saying here, the sentence isn't very clear.

          • by Anonymous Coward

            By limiting his decision to the question of fair use and not ruling on whether or not an API is copyrightable, he kept the scope of the case appropriately narrow and limited. He dealt entirely within existing case law without challenging the previous opinion - that APIs are copyrightable.

  • Isn't this just the effect making the wrong verdict? As the EFF [eff.org] says, Still, the fair use victory is bittersweet. Judge William Alsup's previous opinion that the API labels in question are not copyrightable was the correct one, based on a reasonable reading of the copyright law in question. The Federal Circuit decision to reverse that opinion was not just wrong but dangerous.
  • How much did Oracle pay to steal SQL itself? Or as another poster mentioned, nearly all of c++ syntax (without some of the freedom and power because programmers are too stupid to manage memory allocation so we steal real time abilities from you and do it ourselves, like, um, perl). And so on. If Oracle wins any of this - and I'd like to see API's not copyrightable at all, it's obviously not the intent of having them - we ALL lose, particularly those dumb enough to either work and live in the US or to sig
  • Larry Ellison is an even bigger narcissist than Donald Trump. He NEVER loses! NEVER! At least according to Larry.
  • Come on Lar... you live on your own island, isn't that enough? BTW how is that ACA lawsuit going with the State of Oregon.
  • Its the new world. Apparently its become OK to ingonre all facts, keep living in denial and asking for repeated do-overs until you get the outcome you want.
    Gun controllers, radical feminists, climate-change deniers and Brexit remainers all keep trying to do exactly the same thing.

  • Android is free and open source. The operating system isn't what makes the money.

    Google makes money off the stuff that runs on top of the free operating system (which provides the APIs and runtimes, for free), not the operating system itself.

    People are free to do what they like with that free operating system, just look at Amazon for example. They are not beholden to Google, they include and exclude what they require for themselves and that's fine. They don't pay Google a cent for that operating system t

  • The company cited case law

    "Case law" is not law. Individual interpretations of the law and the resulting decisions relating to specific cases are not law. Law is law.

    Any lawyer trying to use "case law" as a basis for their argument should be disbarred as they clearly don't understand the difference between the legislative and judicial branches.

Stinginess with privileges is kindness in disguise. -- Guide to VAX/VMS Security, Sep. 1984

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