Re:Zluda: CUDA on Intel GPUs
by jcranmer on Saturday February 27, 2021 @10:14AM
(#26285316)
That's not the most accurate summary of Google v Oracle. The case has been tried twice, Google has been found in the clear twice at the district court by the jury, and the Court of Appeals for the Federal Circuit has twice overturned the jury result, and the case is now at the Supreme Court awaiting a decision as to whether or not CAFC's decision is off it's rocker.
It is not usual for CAFC to hear copyright disputes; that it was appealed to CAFC instead of the 9th Circuit is because there was a patent claim at one point, and CAFC should have followed 9th Circuit precedent on the matter. Google contends that 9th Circuit precedent holds that the API is not copyrightable, which means that CAFC erred in ignoring precedent. Most software companies ultimately agree with Google here, not Oracle: it's telling that most of the amici who side with Oracle are not software companies but media publishers (e.g., MPAA, RIAA).
It is not usual for CAFC to hear copyright disputes; that it was appealed to CAFC instead of the 9th Circuit is because there was a patent claim at one point, and CAFC should have followed 9th Circuit precedent on the matter. Google contends that 9th Circuit precedent holds that the API is not copyrightable, which means that CAFC erred in ignoring precedent. Most software companies ultimately agree with Google here, not Oracle: it's telling that most of the amici who side with Oracle are not software companies but media publishers (e.g., MPAA, RIAA).