|| Google, Oracle compete for innovation label in Android retrial|
Corp and Google faced off on Tuesday in a $9 billion copyright retrial,
with Oracle accusing Google of stealing programming to become the
world's leading smartphone player... |
...and Google saying it acted legally as a
claims Google's Android smartphone operating system violated its
copyright on parts of the Java programming language, while Alphabet
Inc's (GOOGL.O) Google says it should be able to use Java without paying a fee under the fair-use provision of copyright law.
dispute previously went to trial in 2012, but a jury deadlocked. If the
new jury in San Francisco federal court rules against Google on fair
use, then it will consider Oracle's $9 billion damages request.
case has been closely watched by software developers who fear an Oracle
victory could spur more software copyright lawsuits. However, investors
see little risk for Google because the company could afford to pay a
one-off fine, and the possibility of an injunction that would force
Google to pay ongoing royalties to Oracle appears remote.
In court on
Tuesday, Google Executive Chairman Eric Schmidt testified that he always
believed Google could freely use Java because Schmidt personally
unveiled the programming language in 1995 when he was a top executive at
Sun Microsystems, which invented it. Oracle subsequently acquired Sun.
argues that Google improperly used Java to quickly deliver an Android
smartphone to market. Under cross examination, Schmidt acknowledged that
he had been on Apple's board and felt "strategic pressure" from the
iPhone in 2007.
copyright law, "fair use" allows limited use of material without
acquiring permission from the rights holder for purposes such as
Peter Bicks said about 100,000 Android smartphones will have been
activated by the time he finished his hour-long opening statement. That
translated into $42 billion in revenue, he said, and all those phones
contained Oracle's property.
Google's defense cannot cover what they did with Java, Bicks said, calling it the "fair-use excuse."
Robert Van Nest said fair use allows a company to use copyrighted
material to make money, so long as the company adds something
innovative. Google's talented engineers were responsible for developing
Android, not a tiny portion of Java owned by Oracle, he said.
want all the credit for Android's success, and apparently billions of
dollars in damages, but the evidence isn't going to support that," Van
Nest said in opening statements.
(Reporting by Dan Levine; Editing by Andrew Hay and Alan Crosby)Source: http://www.reuters.com/article/us-oracle-alphabet-trial-idUSKCN0Y124Z
Don't have an account yet? You can create one. As a registered user you have some advantages like theme manager, comments configuration and post comments with your name.|
| Related Links|
| Article Rating|