Google+

Copyrighted? APIs Cannot Be, Judge Rules

A judge today made a crucial decision in the Google vs. Oracle case when he ruled APIs cannot be copyrighted.

Oracle has taken Google to court, claiming they had infringed Sun Microsystems’ patents in their Android operating system. The judge has now claimed Suns’ APIs cannot be copyrighted and therefore, have not been infringed upon.

Judge William Alsup said 37 such APIs used in Android are not covered by copyright. Oracle has already said they will appeal the ruling.

Alsup’s ruling has effectively left Oracle without any legal foothold in the case, a case which they were counting on winning in order to place a levy on every Android device sold.

Brian Love, a Stanford Law School expert on technology and intellectual property law, told the San Francisco Mercury News today, “This is now effectively a total loss for Oracle, across the board.”

It’s absolutely the best possible case for Google.

Such an outcome comes as more and more companies are suing one another over small yet crucial elements of their operating systems or hardware. This new ruling also supports other rulings in which copyrights have been denied for basic programming languages.

“To accept Oracle’s claim would be to allow anyone to copyright one version of code to carry out a system of commands and thereby bar all others from writing their own different versions to carry out all or part of the same commands,” writes Alsup in his ruling, according to the Guardian. A programmer himself, Alsup also writes, “No holding has ever endorsed such a sweeping proposition.”

Alsup did mention, however, “This order does not hold that Java API packages are free for all to use without license. Rather, it holds on the specific facts of this case, the particular elements replicated by Google were free for all to use under the Copyright Act.”

Oracle can still win damages for infringements of other copyrights found within the case, though they won’t receive quite the payout they were expecting, only $150,000. Such a settlement would barely cover their legal bills, as this case has already cost both Google and Oracle millions of dollars.

This ruling also adds some insult to injury, as Google attempted to reach a settlement with Oracle before the case went to court. Oracle rejected this settlement, opting instead to bet big on the legal case in hopes to earn themselves millions of dollars in the long run.

On May 7th, a jury found that Google had, in fact, infringed upon 8 of Oracle’s APIs, though they couldn’t determine if Google was using these APIs under a “fair use” provision of US law. Alsup’s decision today renders their findings moot. Alsup also said in his ruling. “a system or method of operation under Section 102(b) of the Copyright Act and, therefore, cannot be copyrighted … the Act confers ownership only over the specific way in which the author wrote out his version. Others are free to write their own implementation to accomplish the identical function, for, importantly, ideas, concepts and functions cannot be monopolized by copyright.”

In order for Oracle to overturn Alsup’s damming ruling, they would have to persuade Alsup to take their side in lengthy legal arguments, then take the case in front of another jury.

Source:  RedOrbit

REQUEST INFORMATION

Entertainment

For movies opening August 18, 2017

  OPENING THIS WEEK Kam's Kapsules Weekly Previews That Make Choosing a Film Fun by Kam Williams For movies opening August 18, 2017 BIG BUDGET FILMS The Hitman's Bodyguard (R for graphic violence and pervasive profanity) Unlikely-buddies comedy about an ace bodyguard (Ryan Reynolds) who grudgingly helps a notorious assassin (Samuel L. Jackson) negotiate a dangerous gauntlet en route to the Hague where he's set to testify in 24 … [Read More its Good for You.....]

Lifestyle

Nazis Coming to Your Town? Who You Gonna Call? The Klanbuster!

  Daryle Lamont Jenkins The “Charlottesville” Interview with Kam Williams Nazis Coming to Your Town? Who You Gonna Call? The Klanbuster! Since 1988, activist/journalist Daryle Lamont Jenkins, aka "The Klanbuster," has dedicated his life to monitoring the movements of the Ku Klux Klan and other white supremacist groups. In 2000, he co-founded One People's Project [https://www.onepeoplesproject.com/], a watchdog organization which … [Read More its Good for You...]

Outdoors

How Bassmaster Pro Edwin Evers Adjusts the Auto Settings on His Sonar

  How Bassmaster Pro Edwin Evers Adjusts the Auto Settings on His Sonar  by Edwin Evers When it comes to electronics, a question I get asked a lot is, “How do you customize your fish finder settings at the beginning of a day on the water?” The short answer is, “I don’t.”   You might think that a guy who makes his living with a rod and reel and who’s always looking for ways to tweak a lure or find a stronger knot would spend a … [Read More its Good for You...]

Sports

College Football Arriving Soon!

  College Football Arriving Soon! by Amy Lignor   Ask any college football fan and they will tell you that it seems like an eternity waiting for the season to begin. But, have no fear, the kick-off to the college season is almost here, with Colorado State and Oregon State hitting the field on Saturday, August 26th at 2:30 p.m. ET. On the same day, fans of Oregon State and Colorado State will see an active match-up, and Portland … [Read More its Good for You...]

Travel

Going Back in Time on the Ultimate Steamboat Vacation

  Going Back in Time on the Ultimate Steamboat Vacation by Amy Lignor   Many people love taking a cruise. But it is the river cruise on that glorious steamboat that not only offers all the benefits a big ocean liner offers, but also creates a more personalized, intimate vacation experience. It is a unique recipe: being able to witness stunning landscapes, mixed with amazing history, while dining on acclaimed regional cuisine and … [Read More its Good for You...]

Real Estate

Real Estate: Refinancing Rates on the Rise in 2017

  Real Estate: Refinancing Rates on the Rise in 2017 by Amy Lignor   The term ‘meteoric rise’ usually applies to something fun. Think: A Hollywood actor who has been ‘discovered.’) Unfortunately, when it comes to this article, ‘meteoric rise’ is something that will not bring a smile to one’s face. To put it simply, if you wish to refinance your home, you need to do it ASAP. If choosing to wait too much longer, homeowners across the … [Read More its Good for You.....]

Business

Umbrella Insurance: The Safety Net You Need

  Umbrella Insurance: The Safety Net You Need by Amy Lignor   The realm of insurance is just about the most difficult maze to get through. Each and every day it seems the financial and insurance industries are changing. What is not changing, however, is the fact that lawsuits fill up the courts more and more – lawsuits that award cash to third parties even if you don’t happen to have that cash saved. More and more, the words “umbrella … [Read More its Good for You...]

Green Living

Creating the Perfect Vegetable Garden

  Creating the Perfect Vegetable Garden by Amy Lignor   Many are still dealing with that wintery mix Mother Nature just loves to toss down from the sky this time of year. Yet, that gardener living inside the soul – the one just dreaming of the sunny skies and lazy rainy days that are must-haves in order to grow the best vegetables possible – is already jotting down the facts, tricks and tips they need to know in order to make that … [Read More its Good for You...]

Books

Book of Black Heroes

  Book of Black Heroes Political Leaders Past and Present by Gil L. Robertson, IV Foreword by Myrlie Evers-Williams Just Us Books Paperback, $12.95 80 pages ISBN: 978-1-933491-21-9 Book Review by Kam Williams “The first African-American political leaders began to serve following the Civil War...Known as Reconstruction, this period represented a window of opportunity for African-Americans... Many [Black] political leaders emerged … [Read More its Good for You...]