Oracle haven't won yet, Google still have the opportunity to show that Android is fair use: we conclude that the declaring code and the structure, sequence, an

Oracle haven't won yet, Google still have the opportunity to show that Android is fair use: we conclude that the declaring code and the structure, sequence, and organization of the 37 Java API packages are entitled to copyright protection. Because there is an insufficient record as to the relevant fair use factors, we remand for further proceedings on Google’s fair use defense. Some further detail found later on: On balance, we find that due respect for the limit of our appellate function requires that we remand the fair use question for a new trial. First, although it is undisputed that Google’s use of the API packages is commercial, the parties disagree on whether its use is “transformative.” Google argues that it is, because it wrote its own implementing code, created its own virtual machine, and incorporated the packages into a smartphone platform. For its part, Oracle maintains that Google’s use is not transformative So it looks like there will be a new trial.