US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle
Posted Apr 6, 2021 1:30 UTC (Tue) by timrichardson (subscriber, #72836)In reply to: US Supreme Court rules for Google over Oracle by bjartur
Parent article: US Supreme Court rules for Google over Oracle
Posted Apr 6, 2021 11:44 UTC (Tue)
by farnz (subscriber, #17727)
[Link]
Not quite; the court made no decision about whether or not the code in question is copyrightable, merely that fair use would cover the alleged infringements, and thus there's no reason to think about whether or not the code is copyrightable, because either it is, but fair use means no infringement, or it isn't and thus copyright cannot be infringed by Google's actions. Either way round, the result is that Google has obeyed the law.
Posted Apr 6, 2021 15:03 UTC (Tue)
by rgmoore (✭ supporter ✭, #75)
[Link] (3 responses)
The fair use test is actually a complex one. It's not a simple question of whether the copying falls into a bucket of allowed conduct. Instead, the court is supposed to consider multiple factors and decide how they balance each other. Those factors include:
In this case, the amount of copying is small, both in absolute amount and relative to the total size of the project, it's used commercially, the court determined it's not likely to compete with the original, and the use was considered to be transformative. Based on that, the court decided it was fair use. But they easily could have decided otherwise if they felt it was likely to compete with Java. I'm not sure the decision was correct- I think it really is competing with Java- but deciding on fair use let the court sidestep the question of whether the code was copyrightable at all.
Posted Apr 7, 2021 5:51 UTC (Wed)
by gfernandes (subscriber, #119910)
[Link] (2 responses)
Sun tried from the very beginning, to get java into mobile phones. And failed. Miserably.
So the value add of Android is the transformative use of the java API, clubbed with a Linux kernel, and a custom user land layer.
Don't forget that.
Java, by itself, only ever managed to conquer the server.
Posted Apr 7, 2021 12:59 UTC (Wed)
by plugwash (subscriber, #29694)
[Link] (1 responses)
There was a time, before the iphone and andriod took over the world, when J2ME support on phones was not uncommon.
Would android still have taken over the smartphone world if it had not used the Java programming language and APIs? If not would J2ME still be a thing? I doubt anyone really knows.
Posted Apr 8, 2021 18:36 UTC (Thu)
by khim (subscriber, #9252)
[Link]
If Android would have actually supported J2ME then it would have been an open question.
As it is it's pretty obvious that Sun's mobile efforts were largely irrelevant.
Java was used in Android because it was taught in colleges, essentially, not because J2ME was ever viable.
Posted Apr 11, 2021 16:05 UTC (Sun)
by mina86 (guest, #68442)
[Link]
This is a bit of technicality, but if one operates within fair use doctrine, they do not infringe copyright. In other words, fair use is not a defence in copyright infringement cases, it’s a right everyone has and if it applies than there’s no infringement.
US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle
US Supreme Court rules for Google over Oracle