Two and a half months after a federal jury concluded that Google's Android operating system does not infringe Oracle-owned copyrights because its re-implementation of 37 Java APIs is protected by "fair use," Oracle's attorney says her client missed a crucial detail in the trial, adding that this detail could change everything. ArsTechnica reports: Oracle lawyers argued in federal court today that their copyright trial loss against Google should be thrown out because they were denied key evidence in discovery. Oracle attorney Annette Hurst said that the launch of Google Play on Chrome OS, which happened in the middle of the trial, showed that Google was trying to break into the market for Java SE on desktops. In her view, that move dramatically changes the amount of market harm that Oracle experienced, and the evidence should have been shared with the jury. "This is a game-changer," Hurst told U.S. District Judge William Alsup, who oversaw the trial. "The whole foundation for their case is gone. [Android] isn't 'transformative'; it's on desktops and laptops." Google argued that its use of Java APIs was "fair use" for several reasons, including the fact that Android, which was built for smartphones, didn't compete with Java SE, which is used on desktops and laptops. During the post-trial hearing today, Hurst argued that it's clear that Google intends to use Android smartphones as a "leading wedge" and has plans to "suck in the entire Java SE market. [...] Android is doing this using Java code," said Hurst. "That's outrageous, under copyright law. This verdict is tainted by the jury's inability to hear this evidence. Viewing the smartphone in isolation is a Google-gerrymandered story."In the meanwhile, Google attorney said Oracle was aware of Google's intentions of porting Android to laptops and desktops, and that if Oracle wanted to use this piece of information, it could have.
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