Soon after Oracle acquired Sun Microsystems, the company went after Google for allegedly infringing on copyrights and patents that are related to Java. It took two years before the case went to trial and Oracle eventually lost as the courts were unable to find any evidence about what the company had claimed. Oracle then decided to revive part of its case thanks to the appeals process in the United States, with the second trial focusing solely on the APIs for Java.
During this time, we watched as Android 7.0 would not use Oracles proprietary Java APIs, an Oracle attorney revealed Android revenue information that was meant to be for their eyes only, the judge accused both Oracle and Google they were setting up the jury to fail. Oracle felt that Google should pay $9.3 billion for the way they used Java’s APIs, but the settlement talks ended up falling through.
The jury agreed that Google’s use of the Java APIs were considered fair use, and that they shouldn’t be penalized for how it was implemented in Android. Oracle even tried to have their copyright trial loss thrown out because Google hadn’t told the courts they were planning to launch Android apps on Chrome OS. This request was denied, but now they have filed for an appeal to the US Court of Appeals for the Federal Circuit.
It’s unclear at this time if they will be granted the appeal, but it is highly likely since it is such a high profile case. If granted, Oracle will have an uphill battle as the tests for whether something is fair use or not are pretty subjective. So the case is now going back to the Federal Circuit, which is the same appeals court that originally said APIs could be copyrighted. Still, it will be a long and difficult road for Oracle’s lawyers to try and pull off a win.
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