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If this wasn't fair use, nothing of any substantial value could be considered fair use.

zackees 6y ago
Having a song in the background of a video is not considered fair use. But copying an entire API by a mega corporation in order to appropriate all its value, is fair use.
kaba0 6y ago
Wine would be a much better example of fair use. It is explicitly made to allow users of linux to run programs written against win APIs. It is not so clear in the Oracle vs Google case, because it is questionable whether Google’s case was really fair use (google pretty much didn’t want to pay Sun for the mobile license and the whole thing was done as cost saving) - hence the very long timeline of the case.
- jaywalk 6y ago
  Well, regardless of your opinion, this ruling means that Google's copying of the Java SE API is a perfect example of fair use.
  - kaba0 6y ago
    I didn’t say that it wasn’t fair use, but it would have ended much sooner if it would have been trivially fair use.
ocdtrekkie 6y ago
The dissent explains how Android fails three of the four fair use tests. I'm not sure what the majority was smoking when they wrote this, but far better examples of fair use exist, especially uses that are noncommercial and especially are noncompetitive with the original. Java was a mobile OS before Android literally obliterated the market after copying Java. Arguably, if Android was fair use, everything is fair use and all software copyright is fundamentally defeated by this ruling.
- xxpor 6y ago
  The dissent is a bunch of garbage written by someone who clearly doesn't understand anything about what he's talking about. He complains about the names of functions being "expressive content". Yeah, "max" and "toIndex" are real expressive. Also, what the hell is this logic? https://twitter.com/KardOnIce/status/1379080086880665606/photo/1 https://twitter.com/KardOnIce/status/1379080086880665606/pho...

Having a song in the background of a video is not considered fair use. But copying an entire API by a mega corporation in order to appropriate all its value, is fair use.

kaba0 6y ago

Wine would be a much better example of fair use. It is explicitly made to allow users of linux to run programs written against win APIs. It is not so clear in the Oracle vs Google case, because it is questionable whether Google’s case was really fair use (google pretty much didn’t want to pay Sun for the mobile license and the whole thing was done as cost saving) - hence the very long timeline of the case.

jaywalk 6y ago
Well, regardless of your opinion, this ruling means that Google's copying of the Java SE API is a perfect example of fair use.
- kaba0 6y ago
  I didn’t say that it wasn’t fair use, but it would have ended much sooner if it would have been trivially fair use.

ocdtrekkie 6y ago

The dissent explains how Android fails three of the four fair use tests. I'm not sure what the majority was smoking when they wrote this, but far better examples of fair use exist, especially uses that are noncommercial and especially are noncompetitive with the original. Java was a mobile OS before Android literally obliterated the market after copying Java. Arguably, if Android was fair use, everything is fair use and all software copyright is fundamentally defeated by this ruling.

xxpor 6y ago
The dissent is a bunch of garbage written by someone who clearly doesn't understand anything about what he's talking about. He complains about the names of functions being "expressive content". Yeah, "max" and "toIndex" are real expressive. Also, what the hell is this logic? https://twitter.com/KardOnIce/status/1379080086880665606/photo/1 https://twitter.com/KardOnIce/status/1379080086880665606/pho...