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Google and Oracle to appeal Android Java lawsuit

A last hurrah for Oracle
Fri Oct 05 2012, 12:39

SOFTWARE DEVELOPERS Google and Oracle have both said they will appeal Android related Java copyright and patent infringement rulings and verdicts issued in May.

While Oracle lost its Java lawsuit against Google, it won a battle along the way when the firm was found to have infringed Oracle's Java copyrights when developing its Android operating system. Google said it will appeal the judge's decision not to set aside the federal jury's copyright verdict or order a new trial.

Oracle on the other hand said it will appeal the court's final judgment in favour of Google on the issues of Java copyright and patent infringement, as well as everything else that didn't go its way in court.

According to Google's legal team, the jury found that the company infringed Oracle's copyright on nine lines of code out of millions in the Java programming language and its associated virtual machine. Google claims this small number of lines of code is legally insignificant.

While Google was found to have infringed copyright, Oracle lost the battle on patent infringement, with the jury finding against it.

In addition, while it couldn't get the jury to decide on whether Google's actions were permitted under "fair use", that lack of a verdict was rendered moot when US District Court Judge William Alsup ruled that the "structure, sequence and organisation" of the Java programming language API is not subject to copyright protection.

In the end Oracle was ordered to pay part of Google's legal bills and didn't get a whiff of the multi-billion dollar damages it bandied about at the start of the trial.

Both Google and Oracle filed their notices of appeal in the US Court of Appeals for the Federal Circuit in Washington, DC. µ


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