|By Maureen O'Gara||
|May 8, 2012 10:00 AM EDT||
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 made. The blog also figures there's really no "fair use" case here and is critical of the instructions given to the jury about fair use.
It said, "At a general level, the instructions almost suggested that ‘fair use' very commonly applies to unlicensed use, but any overreaching interpretation or application of ‘fair use' reduces copyright law to absurdity."
It didn't like "some of the definitions of the ‘fair use' factors, such as what does or does not constitute ‘transformative' use (again, the hurdle for ‘fair use' is actually a higher one than what the jury instructions made it appear to be. With better jury instructions, I believe the jury would have thrown out ‘fair use' unanimously."
Oracle has already asked for a judgment as a matter of law (JMOL) against fair use from the bench and Google wants one in favor of fair use. Judge Alsup also has to decide if the APIs are copyrighted.
The case has been divided into three parts. The same jury is now hearing the patent infringement side of the case, which has been reduced to only two patents. The damages phase comes last.
Oracle wanted $1 billion for its copyright claims, the strongest part of its case, and was hoping for an injunction. Without a decision on fair use that could be unlikely. And the patent part, even if proved, shouldn't fetch much. The infringement of nine lines of Java rangeCheck code, as the jury found, might merit $150,000 or less in statutory damages.
Oracle's lawyer reportedly said the copyright decision entitled Oracle to a share of Google's profits; Judge Alsup reportedly said that suggestion "borders on the ridiculous."
The Wall Street Journal called it a "muddled victory" for Oracle.
Google put out a statement saying, "We appreciate the jury's efforts, and know that fair use and infringement are two sides of the same coin. The core issue is whether the APIs here are copyrightable, and that's for the court to decide. We expect to prevail on this issue and Oracle's other claims."
Oracle had something to say too: "The overwhelming evidence demonstrated that Google knew it needed a license" for Java and that "every major commercial enterprise - except Google - has a license for Java and maintains compatibility to run across all computing platforms."
The jury found that both Oracle and Sun Microsystems before it made public statements that led Google to conclude it didn't need a license for Java but also found that Google failed to prove it "reasonably relied" on statements from Oracle and Sun executives. That opinion is an advisory one meant to help the judge make his decision.
Hostway Services, Inc. and WSM International have partnered to deliver trouble free migration services for any organization that wishes to bring their IT infrastructure to Hostway's Azure managed cloud services. WSM is the leader in providing turn-key IT migration services since 2003 and is now the preferred provider to any Hostway customer that is seeking to move its computer infrastructure to the Hostway Azure-based cloud.
Jul. 27, 2016 10:00 AM EDT
Ovum, a leading technology analyst firm, has published an in-depth report, Ovum Decision Matrix: Selecting a DevOps Release Management Solution, 2016–17. The report focuses on the automation aspects of DevOps, Release Management and compares solutions from the leading vendors.
Jul. 27, 2016 10:00 AM EDT Reads: 1,717
Continuous testing helps bridge the gap between developing quickly and maintaining high quality products. But to implement continuous testing, CTOs must take a strategic approach to building a testing infrastructure and toolset that empowers their team to move fast. Download our guide to laying the groundwork for a scalable continuous testing strategy.
Jul. 27, 2016 10:00 AM EDT Reads: 1,992
Manufacturers are embracing the Industrial Internet the same way consumers are leveraging Fitbits – to improve overall health and wellness. Both can provide consistent measurement, visibility, and suggest performance improvements customized to help reach goals. Fitbit users can view real-time data and make adjustments to increase their activity. In his session at @ThingsExpo, Mark Bernardo Professional Services Leader, Americas, at GE Digital, discussed how leveraging the Industrial Internet a...
Jul. 27, 2016 09:45 AM EDT Reads: 425
"We formed Formation several years ago to really address the need for bring complete modernization and software-defined storage to the more classic private cloud marketplace," stated Mark Lewis, Chairman and CEO of Formation Data Systems, in this SYS-CON.tv interview at 18th Cloud Expo, held June 7-9, 2016, at the Javits Center in New York City, NY.
Jul. 27, 2016 09:30 AM EDT Reads: 1,617
The cloud market growth today is largely in public clouds. While there is a lot of spend in IT departments in virtualization, these aren’t yet translating into a true “cloud” experience within the enterprise. What is stopping the growth of the “private cloud” market? In his general session at 18th Cloud Expo, Nara Rajagopalan, CEO of Accelerite, explored the challenges in deploying, managing, and getting adoption for a private cloud within an enterprise. What are the key differences between wh...
Jul. 27, 2016 09:30 AM EDT Reads: 2,055
Security, data privacy, reliability and regulatory compliance are critical factors when evaluating whether to move business applications from in-house client hosted environments to a cloud platform. In her session at 18th Cloud Expo, Vandana Viswanathan, Associate Director at Cognizant, In this session, will provide an orientation to the five stages required to implement a cloud hosted solution validation strategy.
Jul. 27, 2016 09:30 AM EDT Reads: 1,011
Deploying applications in hybrid cloud environments is hard work. Your team spends most of the time maintaining your infrastructure, configuring dev/test and production environments, and deploying applications across environments – which can be both time consuming and error prone. But what if you could automate provisioning and deployment to deliver error free environments faster? What could you do with your free time?
Jul. 27, 2016 09:17 AM EDT Reads: 125
SYS-CON Events announced today that Venafi, the Immune System for the Internet™ and the leading provider of Next Generation Trust Protection, will exhibit at @DevOpsSummit at 19th International Cloud Expo, which will take place on November 1–3, 2016, at the Santa Clara Convention Center in Santa Clara, CA. Venafi is the Immune System for the Internet™ that protects the foundation of all cybersecurity – cryptographic keys and digital certificates – so they can’t be misused by bad guys in attacks...
Jul. 27, 2016 09:15 AM EDT Reads: 1,351
The best-practices for building IoT applications with Go Code that attendees can use to build their own IoT applications. In his session at @ThingsExpo, Indraneel Mitra, Senior Solutions Architect & Technology Evangelist at Cognizant, provided valuable information and resources for both novice and experienced developers on how to get started with IoT and Golang in a day. He also provided information on how to use Intel Arduino Kit, Go Robotics API and AWS IoT stack to build an application tha...
Jul. 27, 2016 09:15 AM EDT Reads: 1,117
UpGuard has become a member of the Center for Internet Security (CIS), and will continue to help businesses expand visibility into their cyber risk by providing hardening benchmarks to all customers. By incorporating these benchmarks, UpGuard's CSTAR solution builds on its lead in providing the most complete assessment of both internal and external cyber risk. CIS benchmarks are a widely accepted set of hardening guidelines that have been publicly available for years. Numerous solutions exist t...
Jul. 27, 2016 09:00 AM EDT Reads: 605
Amazon has gradually rolled out parts of its IoT offerings in the last year, but these are just the tip of the iceberg. In addition to optimizing their back-end AWS offerings, Amazon is laying the ground work to be a major force in IoT – especially in the connected home and office. Amazon is extending its reach by building on its dominant Cloud IoT platform, its Dash Button strategy, recently announced Replenishment Services, the Echo/Alexa voice recognition control platform, the 6-7 strategic...
Jul. 27, 2016 09:00 AM EDT Reads: 429
For basic one-to-one voice or video calling solutions, WebRTC has proven to be a very powerful technology. Although WebRTC’s core functionality is to provide secure, real-time p2p media streaming, leveraging native platform features and server-side components brings up new communication capabilities for web and native mobile applications, allowing for advanced multi-user use cases such as video broadcasting, conferencing, and media recording.
Jul. 27, 2016 08:45 AM EDT Reads: 912
IoT generates lots of temporal data. But how do you unlock its value? You need to discover patterns that are repeatable in vast quantities of data, understand their meaning, and implement scalable monitoring across multiple data streams in order to monetize the discoveries and insights. Motif discovery and deep learning platforms are emerging to visualize sensor data, to search for patterns and to build application that can monitor real time streams efficiently. In his session at @ThingsExpo, ...
Jul. 27, 2016 08:45 AM EDT Reads: 1,051
Verizon Communications Inc. (NYSE, Nasdaq: VZ) and Yahoo! Inc. (Nasdaq: YHOO) have entered into a definitive agreement under which Verizon will acquire Yahoo's operating business for approximately $4.83 billion in cash, subject to customary closing adjustments. Yahoo informs, connects and entertains a global audience of more than 1 billion monthly active users** -- including 600 million monthly active mobile users*** through its search, communications and digital content products. Yahoo also co...
Jul. 27, 2016 08:00 AM EDT Reads: 589