4 ms·
i found the decision : http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1021.Opinion.5-7-2014.1.PDF http://www.cafc.uscourts.gov/images/stories/op
by justifier 12y ago
i found the decision :
http://www.cafc.uscourts.gov/images/stories/opinions-orders/13-1021.Opinion.5-7-2014.1.PDF http://www.cafc.uscourts.gov/images/stories/opinions-orders/...
linked from an eff.org article :
https://www.eff.org/deeplinks/2014/05/dangerous-ruling-oracle-v-google-federal-circuit-reverses-sensible-lower-court https://www.eff.org/deeplinks/2014/05/dangerous-ruling-oracl...
i read the slides, then the decision, and then i got confused.. so i read alsup's ruling:
https://www.scribd.com/doc/95480891/Oracle-v-Google-API-Order https://www.scribd.com/doc/95480891/Oracle-v-Google-API-Orde...
and now i'm really confused
alsup's ruling ::
> This order does not hold that Java API packages are free for all to use without license.It does not hold that the structure, sequence and organization of all computer programs may be stolen. 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. Therefore, Oracle’s claim based on Google’s copying of the 37 API packages, including their structure, sequence and organization is DISMISSED
which seems to contradict this from the eff.org article:
>In May 2012, Judge William Alsup of the Northern District of California ruled that APIs are not subject to copyright
it seems instead that alsup is saying that current understandings of code copyright stand but goog's use fell under fair use
federal circuit's decision ::
>Ultimately, we conclude that this is not a case in
which the record contains sufficient factual findings upon
which we could base a de novo assessment of Google’s
affirmative defense of fair use.
which reinforces that this is moreso an issue of fair use :
> Section 107 contains a list of the various purposes for which the reproduction of a particular work may be considered fair, such as criticism, comment, news reporting, teaching, scholarship, and research. Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair.
The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes
The nature of the copyrighted work
The amount and substantiality of the portion used in relation to the copyrighted work as a whole
The effect of the use upon the potential market for, or value of, the copyrighted work
>> http://www.copyright.gov/fls/fl102.html http://www.copyright.gov/fls/fl102.html
fair use is only applicable on copyrighted material,
if something were uncopyrightable then examining it's derivatives for fair use would be unnecessary,
but here alsup is using fair use to excuse goog's use of the java api, implying the api is subject to copyright
so regardless of what an api is or whomever thinks whatever thae think an api is is moot to this legal hearing
to argue this decision in favor of your opinion you'd have to focus on the referenced snippets and analyse them for fair use, because that is what alsup ruled it
if the code oversteps fair use then you have to agree with the decision
at this point, in all honesty, this whole thing seems so beyond me..
just makes me wonder why goog wrote android in java
why would anyone write anything in java?
is that oracle's goal?
- fsloth 12y agoEllison probably just thought they were stealing his shiny IP which he had bought and wanted a sweet share of all those handset profits. Which, by all accounts, he had all the right to test in court no matter how infuriating it was. I don't think Oracle cares that much about independent developer goodwill. I don't see how they would have to. Oracle and along the same vein, SAP and their ilk are giants in the corporate world. They operate in space were corporate credibility is much more important than developer goodwill. Note: I might be totally wrong, please correct me.