Jury in Oracle v. Google finds in Google's favour

Re:Jury in Oracle v. Google finds in Google's favour by DannyBee on Thursday May 26, 2016 @04:49PM (#11781460)

Errr, you didn't do factor one properly :)

"Under the first of the four § 107 factors, "the purpose and character of the use, including whether such use is of a commercial nature ... ," the enquiry focuses on whether the new work merely supersedes the objects of the original creation, or whether and to what extent it is "transformative," altering the original with new expression, meaning, or message. The more transformative the new work, the less will be the significance of other factors, like commercialism, that may weigh against a finding of fair use. "

Campbell v. Acuff-Rose Music, Inc. 510 U.S. 569 (1994)

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Re:Jury in Oracle v. Google finds in Google's favour by rayiner on Thursday May 26, 2016 @04:54PM (#11781498)

Is Dalvik's use of the Java API transformative? My understanding of Cambell is that it's the Google Image Search scenario: where the thumbnail of the copyrighted work is fair use because it serves a totally different function than the original work.

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Re:Jury in Oracle v. Google finds in Google's favour by DannyBee on Thursday May 26, 2016 @04:58PM (#11781540)

So, i'm not going to express a precise legal view here (i am sadly too involved, i'm just going to stick to answering more general questions and pointing out what caselaw says), just pointing out your analysis of commerciality as the goal of the first factor is precisely what SCOTUS said not to do :)

I will simply point out, as i did in another comment, that the court of appeals in that case did in fact, claim that because 2 live crew took the heart of the old work, and made it the heart of the new work, that it was not transformative, and SCOTUS said that was wrong.

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Re:Jury in Oracle v. Google finds in Google's favour by curt15 on Thursday May 26, 2016 @05:23PM (#11781751)

But function is not something to be assessed in isolation. The context is important too, as "the Java API" is not expression for expression's sake and has little intrinsic value. Google argued that they brought a system built originally for desktops and servers (the domain of JavaSE) to smartphones. Whether that's "transformative" is up to a jury.

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