Business & Investment

Opinion: Oracle takes strike 3 in Google’s court battle, but the game may continue for software developers

Oracle Corp. and Google have been fighting for “fair use” of software code in court for more than a decade, but after Oracle’s third strike from the US Supreme Court on Monday, the next batter is on the plate.

Complex cases were originally submitted by Oracle
ORCL,
+ 3.27%

A few months after the company acquired Sun Microsystems Inc. for about $ 5.6 billion in August 2010, it sought billions of dollars in revenue from Android phones. Among the assets that Oracle purchased was Sun’s Java programming language. It was originally developed by Sun as free open source software.

Oracle is Alphabet Inc.of
Google,
+ 4.19%

Google,
+ 4.11%

Google stole application programming interfaces (APIs) from Java in the development of the Android operating system, but advertising and search giants declare code rather than “implementing code” that implements program methods and tasks37 Insisted on the package. Should be considered “fair use”.rear Two previous rulings in favor of Google have been overturned About the appeal from Oracle The US Supreme Court struck the last nail in the casket on Monday.

From 2016: The battle between Google and Oracle isn’t over, but one has a big advantage

Many legal scholars sought to find an analogy to explain the software, as the entire battle depended on the API and whether programmers had to pay license fees for ubiquitous software. In the end, Judge Stephen Breyer compared the functionality of the API to the accelerator pedal or keyboard.

“The declaration code shortcut feature is similar to a car accelerator pedal that tells the car to move faster, or a typewriter’s QWERTY keyboard that calls a specific character when a specific key is pressed,” Breyer said in a majority opinion. I am writing. ..

“Without that copy, programmers need to learn something entirely new.
A system that calls the same task, “he added.

These are the types of comparisons software developers (and other lawyers) have made over the years, hoping that wacky proceedings won’t confuse their industry.

Tyler Ochoa, a professor and copyright expert at the Faculty of Law at Santa Clara University, said: “In that sense, the Supreme Court remains the status quo. It would have been far more destructive to the software industry if they had ruled in favor of Oracle.”

A former Sun Microsystems engineer known as the father of Java, now Amazon.com Inc. James Gosling working as a senior engineer at
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AWS tweeted that “sanity has won” after the ruling was announced.

However, this issue has not been completely resolved. The Supreme Court has ruled that the overall issue of fair use in computer programs (the number of people in the software industry who are considering using existing APIs) will continue to be decided by the court.

“And just as fair use takes into account the market where scripts and paintings are bought and sold, so does the reality of the technical mechanics.
It was created and disseminated, “the court wrote. “We do not believe that an approach close to’all or nothing’is faithful to the overall design of copyright law. “

J. Michael Keyes, a partner and intellectual property lawyer at law firm Dorsey & Whitney LLP, said: Instead of resolving API and fair use issues, Keys believes the court may have opened the door to new cases where companies copy parts of the API to claim fair use.

“As the court congratulated Google on copying this code, we can see that other market participants likewise declare the code and copy different parts of the API for transformational purposes,” Keyes said. Mr. says. “I think we’ll see companies start pushing the limits. I don’t think this will calm the proceedings. As a result, we’ll see more copies and proceedings.”

Therefore, the splitting debate has not actually taken place and the combatants have not fully placed their weapons. Even after the ruling on Monday, Oracle clearly stated in a statement to the media that Google “stolen Java and spent 10 years in proceedings that only monopolies could do,” the news hit. Alphabet dumps Oracle financial software for SAP
SAP,
+ 4.81%
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The two companies closed at record highs on Monday.

It’s no wonder that love is lost at the end of a long and painful battle between businesses. But for software developers who rely on APIs and other open source code for their livelihoods, the battle can continue.

Opinion: Oracle takes strike 3 in Google’s court battle, but the game may continue for software developers

http://www.marketwatch.com/news/story.asp?guid=%7B21005575-02D4-D4B5-4572-D36213944395%7D&siteid=rss&rss=1 Opinion: Oracle takes strike 3 in Google’s court battle, but the game may continue for software developers

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