The ten-member jury in San Francisco yesterday heard the closing arguments by lawyers of both teams. The two sides showed yesterday again clearly mark their very different views on what is a programming language and why it should or should not be protected by copyright
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Computerworld selected here interesting articles from the international network of our publisher IDG.
At issue is “declaring code” that’s part of 37 Java APIs used Google. Google says it simply used selected parts or Java to create something new in the form of Android. “What fueled the success of Android is all the thingsthat went into it That are new and different,” Said attorney Robert Van Nest or Garbanzo & amp; Nest, representing Google.
That makes Android a transformative work, so it’s a fair use of the copyrighted code, Van Nest said. He ook other gift Reasons it’s fair use, zoals That Google only used a small part of Java, that Android is not a substitute for Java and That its use of the code did not harm the market for Java.
Oracle’s attorney argued Google copied the code Because it could not build a mobile OS fast enough without it.
“They knew theywere breaking the rules, They knew theywere taking shortcuts, and They knew it was wrong, “Said Peter Bicks of Orrick Herrington.
Google described declaring the code as nothing more than functional components it needed to call resources and make the Java programming language more effective. Oracle argued the relatief small amount of code HAS outsize significance.
“If this was not important, why did Google copy it?” Bicks asked the jury.
After Google used the code to build Android, Oracle Said It Considered developing a phone platform Concluded but it could not compete with the free OS. It ook saw Java licensing revenue from companies like Samsung shrink.
The companies competing metaphors used to help a jury of average citizens see the issues Their Way. Google Compared the declaring code in the APIs to a filing cabinet with labeled folders, while Oracle Said it was something more creative and substantialism, like the books, chapters and topic sentences in the Harry Potter series.
This is the second time a jury HAS Considered the fair use issue. Jurors in Oracle and Google’s last trial, in 2012, could not reach a verdict on That issue. If this jury finds the Java in Android is not covered by fair use, the trial will Immediately turn to the question of damages. Oracle wants US $ 8.8 billion.
Both sides invoked bigger issues in Their closing arguments to the jury. Google Said The fair-use exemption Protects the child excels at innovation That Northern California. Oracle itself a 132,000-person behemoth valued at more than $ 160 billion, cited Google’s far-reaching influence.
“It takes somebody with strength and courage to stand up to somebody like Google,” Bicks said.
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