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Google Android Java Oracle The Courts

Oracle Wins Revival of Billion-Dollar Case Against Google (bloomberg.com) 332

Google could owe Oracle billions of dollars after an appeals court said it didn't have the right to use the Oracle-owned Java programming code in its Android operating system on mobile devices. From a report: Google's use of Java shortcuts to develop Android went too far and was a violation of Oracle's copyrights, the U.S. Court of Appeals for the Federal Circuit ruled. The case was remanded to a federal court in California to determine how much the Alphabet unit should pay.

The dispute is over pre-written directions known as application program interfaces, or APIs, which can work across different types of devices and provide the instructions for things like connecting to the internet or accessing certain types of files. By using the APIs, programmers don't have to write new code from scratch to implement every function in their software or change it for every type of device. The case has divided Silicon Valley for years, testing the boundaries between the rights of those who develop interface code and those who rely on it to develop software programs.

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Oracle Wins Revival of Billion-Dollar Case Against Google

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  • I know people who are actively *NOT* buying Oracle because of stupid lawsuits.

    But maybe Larry doesn't care anymore, he has enough money to play, and can't spend it all before he dies.

    Weird.

    • by Tablizer ( 95088 ) on Tuesday March 27, 2018 @10:40AM (#56334179) Journal

      I know people who are actively *NOT* buying Oracle because of stupid lawsuits.

      They certainly are working hard to kill Java. Besides the lawsuits, Oracle also gives Java lousy support and upgrade options. Few companies can make Microsoft seem the less evil alternative (C-sharp/.NET), and Oracle is one of them.

    • The thing is if you are selling software development software, people are going to push the limit of that tool, to do things you do not expect. Because if they do only what you expect to product to build, then chances are the program is already written.

      Oracle if being a sticker on how one uses their tools, and too apt to sue them if their product became more successful, then the net of your tool, then chances are people are going to shy away from it.

      Java isn't the only player, and other companies are much

    • Yes but it doesn't matter as much as you think. I once worked for BEA. I had customers tell me that one of their requirements was that they would never buy from Oracle. But everything they purchased, Oracle ended up buying the companies and they still ended up being Oracle customers.
  • Fucking Christ (Score:5, Insightful)

    by reanjr ( 588767 ) on Tuesday March 27, 2018 @10:29AM (#56334077) Homepage

    FFS... we need a special court for tech cases.

    • I agree with this - if one must be specialized in Law to be a judge, one must be specialized in the subject matter at hand to be a judge of it.
    • Re: (Score:3, Funny)

      by Anonymous Coward

      Isn’t there a court that handles nothing but tech cases? Somewhere in East Texas?

    • FFS... we need a special court for tech cases.

      It seems that way, but I'm not sure why it should be. Suing a company for using your API's, is like suing a customer for calling your company's AVR system and pressing buttons on their phone to retrieve billing info and make payments. I think I could make that pretty obvious to most people, even a judge. Maybe Google's lawyers are making things too complicated?

      • Re:Fucking Christ (Score:5, Informative)

        by Frobnicator ( 565869 ) on Tuesday March 27, 2018 @02:12PM (#56335927) Journal

        FFS... we need a special court for tech cases.

        It seems that way, but I'm not sure why it should be. ... I think I could make that pretty obvious to most people, even a judge.

        Unfortunately it often isn't. The initial judge learned to program so he could understand the case. He admitted his learning was rudimentary, but enough to understand what was going on. The appeals judges did not and that has been a point of contention. The only one in the legal system who learned to program was the trial court judge, and he threw out most of the arguments as a result. The appeals courts and the solicitor general have made their decisions without that, and Google's appeals say the knowledge is imperative.

        Consider back in 2011, Justices Elena Kagen (age 51 at the time) and Stephen Breyer (age 73 at the time) had game consoles brought in and they learned to play multiple violent games so they could fully understand the case. They followed instructions on how to play their way through to the scenes that the plaintiffs found most objectionable, the ones where they say people were lighting children on fire and smashing their heads to get points. [washingtonpost.com]

        If judges don't know enough to make a properly informed decision and they cannot gain that knowledge from case law and subject experts, it is their duty to gain that knowledge. There have been judges who took up hiking in dangerous situations, visited a wide range of locations from pig farms to remote deadly roadways, and studied arcane subjects in order to make a fair judgement.

        Note that the first time around the question was split into three parts: copyright, patent, and damages. The judge learned how to program. In trials there are question of law and questions of fact; the judge decides questions of law and the jury decides questions of fact. The judge ruled from his experience learning to code that many of Oracle's claims were invalid on their face, and didn't allow them to go to the jury trial. The declaration was that "it does not matter that the declaration or or method header lines are identical," even though Oracle decided they were. The non-programmer appeals court judges reversed the decision. The Solicitor General (who also doesn't know how to program) recommended against a SCOTUS ruling at the time, letting it go back to the lower courts for further defense.

        It headed back to the lower court for this second round. The judge and the jury decided there should be no damages because of the fair use exception in copyright law. The jury included people who knew how to program, and they decided it was perfectly legal due to fair use. Now the appeals judges (who still don't know anything about programming) is countermanding the jury's findings, which rarely happens.

        Google should absolutely appeal. The next level is the full en banc review. They asked earlier for members of the three judge panel to learn to code, but they apparently did not convince them. Their lawyers should (and I'm sure they are) using that fact in their appeals. While the judges are comfortable enough with books and movies to apply copyright law in those cases, they can argue that unlike the trial court judge who learned to program to answer the questions, the appeals judges did not have a sufficient understanding to make these determinations, thus even though they understood the wording of law they still committed an error of judgement by failing to fully understand the content of the case.

    • Comment removed based on user account deletion
  • Not Over (Score:5, Insightful)

    by Zorro ( 15797 ) on Tuesday March 27, 2018 @10:32AM (#56334101)

    Too much money and power in play.

    This could take decades.

  • by Snotnose ( 212196 ) on Tuesday March 27, 2018 @10:34AM (#56334117)
    On the one side you have the engineers that rely on APIs to Get Stuff Done, on the assumption that that's why the APIs exist. On the other side you have the 1% parasites who realize "oops, somebody took our work and made billions off it. Bring in the lawyers!"
    • by Kjella ( 173770 )

      On the one side you have the engineers that rely on APIs to Get Stuff Done, on the assumption that that's why the APIs exist. On the other side you have the 1% parasites who realize "oops, somebody took our work and made billions off it. Bring in the lawyers!"

      An API is just a set of function declarations to call the code, you can't avoid making them because that's how it works but it doesn't have to mean you want everyone to use them. To make a car analogy, imagine you have an proprietary car with proprietary wheels. The width, length, thread and location of the wheel bolts are the interface. If you're building a new car, do they have to be the exact same? No, but if you want interoperability they do. So a lot of people here would say hey, I want to be able to m

  • by ciascu ( 1345429 ) on Tuesday March 27, 2018 @10:38AM (#56334155) Journal

    The dispute is over pre-written directions known as application program interfaces, or APIs, which can work across different types of devices and provide the instructions for things like connecting to the internet or accessing certain types of files. By using the APIs, programmers don't have to write new code from scratch to implement every function in their software or change it for every type of device.

    Have I completely misunderstood this case or has Bloomberg?

    • Sounds like the journalist has it exactly backwards, yes.
      • by mark-t ( 151149 )

        And of course there's no option on the website for people to point out factual inaccuracies such as this.

        How to tell a reputable news source from an unreputable one.

  • So... is 'Larry the Scumbag considered the lesser evil, yet??

    • by gweihir ( 88907 )

      Well, I for one will be cheering when he leaves this world. That will be the one time he made a positive contribution. Not that he is the only one for whom that is true.

  • by Anonymous Coward

    Of all the bad laws being thought up in the EU, at least they got the API copyright decision correct.
    APIs are not copyright-able in the EU according to their highest court.

    https://arstechnica.com/tech-policy/2012/05/eus-top-court-apis-cant-be-copyrighted-would-monopolise-ideas

    • by gweihir ( 88907 )

      Just shows how utterly demented powerful parts of the legal profession are in the US. No connection to reality anymore at all and apparently also incapable of listening to actual experts. Like some politicians (the orange one for example) I could think of.

  • Comment removed based on user account deletion
    • by faedle ( 114018 )

      > ORCL Mkt cap 189.87B
      > GOOG Mkt cap 726.29B

      Nah, I think Google is actually pretty happy they didn't buy Sun.

      • Clearly the only difference between the companies is whether they bought Sun. I mean, they both produce databases, and query databases as their primary business. Now, Oracle does it as a middleware, and Google does databases of tracking, ads and searches (in that order) which it then provides as a service, but it's the same thing. Computery-stuff is all interchangable. That's why I have web designers write all my C code for embedded devices.

    • by gweihir ( 88907 )

      Google and some others too. It was utterly demented to allow Oracle to get control of Sun.

  • by account_deleted ( 4530225 ) on Tuesday March 27, 2018 @10:57AM (#56334325)
    Comment removed based on user account deletion
  • The dispute is over pre-written directions known as application program interfaces, or APIs, which can work across different types of devices and provide the instructions for things like connecting to the internet or accessing certain types of files. By using the APIs, programmers don't have to write new code from scratch to implement every function in their software or change it for every type of device.

    Let me take a stab at using my journalism skills to improve the clarity and accuracy of this summary:

    At the heart of the issue is a technical lingo known as API, which is how programmers tell computers what to do. Since computers can only do as they're told, and only understand ones and zeroes, programmers must use a special robot language to talk to computers, which gets translated from the programmer's magical jargon to a series of ones and zeroes. Unfortunately, a series of ones and zeroes looks very similar to other series of ones and zeroes, so it can be difficult for programmers to keep track of what they're telling the computer.

    That's where APIs help; they let the programmers speak more normally to computers, using a pseudo-robot language like "while iterating a data structure perform calculations on the user's social data network", which gets translated into a series of ones and zeroes like "1000101".

  • This doesn't matter anymore. Google are no longer the good guys who need to be defended. Now that they've abandoned "don't be evil" they're just another tech titan. Let 'em battle it out with their fellow evildoer.
  • J2ME, SavaJe, etc.. (Score:5, Interesting)

    by h8sg8s ( 559966 ) on Tuesday March 27, 2018 @12:17PM (#56334965)

    Sun and later Oracle were so fixated on the nonfunctional J2ME stack that they didn't see Google coming. Sun had the skeleton of what later became Android with the SavaJe acquisition but didn't have the funds or desire to make it happen. They (and later Oracle) failed to adequately invest in mobile and now Google has. Larry is simply pissed that someone other than himself is making money on something he neglected to capitalize on. To Lawsuit Larry, that's a crime - to anyone else, it's called business.

    • To Lawsuit Larry, that's a crime

      Lets just be glad there's no #metoo Leisure Suit Larry

    • by PPH ( 736903 )

      To Lawsuit Larry

      Remember that Ellison got his start working for the CIA. Businesses that do a lot of government contract work start believing that they have been granted an exclusive license from a king giving them sole rights to a market or product. And in some ways this is true. I wouldn't be surprised that if things start not going Larry/Oracle's way, some of the TLAs will pull a few strings to get things put right. Or, you know, that surveillance database might stop working.

      Oracle's private sector customers (or anyone

  • 15 years ago, I was handed a project to interface with a system where the only documentation was the Java reference implementation. The company we were dealing with did everything in Java; there was no support from them if you strayed from the safe lands of Java.

    When they started doing "proper" documentation, Java was first and foremost in it. There was slight mention of other programming languages.

    Now, you cannot find Java mentioned in any of their documentation. You can submit support requests for PHP, .N

  • "Part of Google’s defense focused on the idea that Java was developed for desktop computers, while Android was created for phones and other mobile devices."

    If that was Google's defense then they should have lost in court. Java was developed for mobile devices FIRST! That was Java's intended use. The desktop market took over when the developers realized the potential the JVM provided.
  • I'm conflicted about who to root for in this thug on thug match up.

  • by OrangeTide ( 124937 ) on Tuesday March 27, 2018 @12:41PM (#56335149) Homepage Journal

    Then R.I.P. Java. It is too dangerous to develop new software if APIs suddenly acquire copyright protection because the licensing terms effectively change and could impact your business. At this point to run a business responsibly you should negotiate up front what your license terms for tools, compilers and APIs should be. Going with platforms, tools and languages that are open licensed is going to be necessary for many businesses that don't have the resources to wrestle with licenses, lawyers and sales staff with complex licensing payment terms.

    • by Luthair ( 847766 )
      Programming against an API is distinctly different than a duplicate implementation of the API. (Not that the latter ought to be copyright infringement)
      • Is it? If I write a plug-in then did I duplicate the implementation of an API? Is the direction of call why you're trying to distinguish here? I think you may be trying to differentiate two things that are really two sides of the same coin.

        • by Luthair ( 847766 )
          No I'm pointing out that a company developing an application in Java isn't re-writing the core Java classes which is what Oracle is going after Google for.
          • If you "implements" or "extends" is that allowed? We would have assumed yes, but everything is thrown into question. What is "core" what can be extended, what interfaces are your permitted to use in your own implementation? Can I write an image file loader for Java? there is already a core class for that, what if mine implements the same interface, did I violate the license agreement? did I infringe copyright?

            I'm not a lawyer so I don't know, but in light of this I suggest that no matter how small your busi

  • geez -- feels like a tennis match. This case is still going on?!?!

    Fair use, not fair, Out of bounds. Lob. Love.

    call me when it's over.

  • It describes to a person who can understand it how, at least theoretically, something works or is supposed to work, but does not itself offer any useful function or purpose beyond educating a person with a sufficient understanding of relevant source material on how whatever is described by it might be built. It's actually just a description of how the thing would work *IF* you actually built it.

    It's worth noting, also, that electronic schematics are not ordinarily even considered to be copyrightable by

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