After days of deliberating, a San Francisco jury Monday found that Google and
its Android operating system infringed the Java copyrights now held by
Oracle.
However, the jury remained as deadlocked as it was last Friday over the issue
of whether Google made so-called "fair use" of the IP. It couldn't come to a
unanimous decision on that question.
Google denied all the allegations and claimed it developed Android from
scratch and that the parts of Java it did use aren't covered by copyright.
After the verdict was read Google moved for a mistrial - which would mean a
whole new trial and possibly new evidence - while the judge accepted the
partial verdict and forged ahead.
The partial verdict says Google infringed the sequence, structure and
organization of 37 Java APIs by using those APIs in Android. FOSS Patents
figures that was the most important decision the jury ... (more)
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Former Sun CEO Scott McNealy, an off-again-on-again buddy of Oracle CEO Larry
Ellison, testified for Oracle Thursday in its infringement suit against
Google and Android.
His surprise appearance - in the middle of Google's laying out its copyright
defense - was used to scotch testimony given minutes before by his
pony-tailed successor at Sun Jonathan Schwartz who testified for Google.
(It's just so utterly Sun.)
As in all jury trials the decision could come down to personalities.
From the industry's point-of-view it's the first - and long-overdue - time
McNealy has publicly butt... (more)
Google, as expected, has put in its papers asking the court to declare a
mistrial because the jury only decided it infringed 37 Java APIs in building
Android and didn't decide whether that infringement constituted so-called
"fair use" of the code.
So it wants a whole new trial "as to both infringement and fair use as to
Oracle's claim that Google is liable for infringement of its copyright on the
structure, sequence, and organization of the 37 API packages."
Google claims the two issues - infringement and fair use - are "opposite
sides of the same coin" and "indivisible." It's st... (more)
The Justice Department sued Apple and five prominent book publishers
Wednesday morning for colluding to fix the price of iPad-borne e-books. The
suit was filed in federal court in Manhattan. Sixteen states have filed
separate civil suits so far looking for money.
Those charged include Macmillan, Penguin, Simon & Schuster, Hachette and
HarperCollins.
Simon & Schuster, Hachette and HarperCollins immediately agreed to settle and
terminate their arrangements with Apple, clear any joint e-book ventures with
the government and report any communications with other publishers to the DOJ ... (more)