Oracle, Google to appeal API case

By Sooraj Shah
08 Oct 2012 View Comments

Oracle and Google both said they will appeal findings from the Java API infringement case which found Google not guilty of embedding unlicensed lines of code in its Android platform.

Oracle filed the request on Thursday that it would appeal the judgment.

Further reading

According to Bloomberg, Google will also appeal against the trial judge's decisions made in the case, such as not setting aside a jury's copyright verdict or ordering a new trial.

The appeals will be filed in the US Court of Appeals for the Federal Circuit in Washington, according to the filings.

The case started in April and saw Oracle demanding $1bn (£631m) in compensation from Google, arguing that Google "chose to take its chances and push forward with Java and has helped itself to Oracle's intellectual property without a licence". Google fought back stating that the programming language should not be covered by copyright law.

On May 7, a jury found that Google had breached Oracle's copyright – in theory – by including nine lines of the software giant's Java code in the Android operating system, but did not agree on whether this constituted a "fair use" of the code. Google and Oracle agreed that there would be no damages as nine lines of code out of millions were deemed insignificant.

Weeks later, the jury stated that Android did not infringe on Java copyright overall, and on June 1, Google was found not guilty of infringing copyright on Oracle's Java APIs – this being the main decision that Oracle wants to overturn.

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