Re:Oracle wins appeal re Java API copyrightability [pdf]
by Oletros on Friday May 09, 2014 @01:24PM
(#7722061)
> First, I don't think the court ruled infringement -- only copyrightability.
The jury ruled infringement in the Oracle - Google trial
Re:Oracle wins appeal re Java API copyrightability [pdf]
by bmvakili on Friday May 09, 2014 @02:30PM
(#7722519)
But deadlocked on Google's fair use.
Re:Oracle wins appeal re Java API copyrightability [pdf]
by Oletros on Friday May 09, 2014 @02:44PM
(#7722600)
Yap, 9-3 in Google favor
Re:Oracle wins appeal re Java API copyrightability [pdf]
by bmvakili on Friday May 09, 2014 @05:01PM
(#7723243)
Am I reading this wrong or what's missing?
"Because we conclude that the declaring code and the
structure, sequence, and organization of the API packages
are entitled to copyright protection, we reverse the district
court’s copyrightability determination with instructions to
reinstate the jury’s infringement finding as to the 37 Java
packages. Because the jury deadlocked on fair use, we
remand for further consideration of Google’s fair use
defense in light of this decision. With respect to Google’s
cross-appeal, we affirm the district court’s decisions:
(1) granting Oracle’s motion for JMOL as to the eight
decompiled Java files that Google copied into Android;
and (2) denying Google’s motion for JMOL with respect to
the rangeCheck function. Accordingly, we affirm-in-part,
reverse-in-part, and remand for further proceedings."
Second, not too many open source projects implement proprietary APIs. FOSS today does not get its value from producing fully compatible clones of proprietary software.
Third, proprietary software vendors will face the choice of limiting the use of their APIs (i.e. copying) by OSS and risk reduced adoption, or allow it to get wide adoption and offer a superior implementation. I'm not sure most would choose the former.
So with the state of FOSS today, I don't see how such a decision changes much. I would very much like to hear if people have counterexamples (other than WINE).