Supreme Court Hands Google A Win Over Oracle In Multibillion-Dollar Case
.........In layman's terms, Google's argument was that the Java code was like the basic tomato sauce on a pizza. You may be able to claim that the pizza is a new invention, but not the tomato sauce.
The 39-page opinion, written by Justice Breyer, noted that the purpose of the copyright law is not only to protect new products and innovations but, "more broadly," to "stimulate creativity for public illumination." And in this case Google has created a new computer code, open to all platforms, which "offers programmers a highly creative and innovative tool for a smartphone environment." Breyer said the small use Google made of the Java code "is consistent with that creative 'progress' that is the basic constitutional objective of copyright itself."
The decision settles many of the copyright issues that have plagued tech companies for more than a decade, said Charles Duan, senior fellow for technology and innovation policy at the R Street Institute, a nonpartisan free-market think tank.
"The decision means a lot for software compatibility," said Matt Tait, chief operating officer of Corellium, a company that provides smartphone services. "I can write platform software that other peoples' programs can run on, without worrying" that the connection is copyrighted.
Columbia law professor Jane C. Ginsburg, a leading voice on matters of intellectual property, said the decision does raise some potentially practical issues, however. Among them: "Will the Supreme Court's decision discourage open disclosure of code if programmers fear that their creativity can be cherry-picked and privatized?"
Dissenting from Monday's ruling were Justices Clarence Thomas and Samuel Alito. As they saw it, when talks between Oracle and Google broke down, Google "simply copied verbatim 11,500 lines of code" from Oracle's library." And doing that "was anything but fair.".................
Supreme Court Hands Google A Win Over Oracle In Multibillion-Dollar Case
Comments?
.........In layman's terms, Google's argument was that the Java code was like the basic tomato sauce on a pizza. You may be able to claim that the pizza is a new invention, but not the tomato sauce.
The 39-page opinion, written by Justice Breyer, noted that the purpose of the copyright law is not only to protect new products and innovations but, "more broadly," to "stimulate creativity for public illumination." And in this case Google has created a new computer code, open to all platforms, which "offers programmers a highly creative and innovative tool for a smartphone environment." Breyer said the small use Google made of the Java code "is consistent with that creative 'progress' that is the basic constitutional objective of copyright itself."
The decision settles many of the copyright issues that have plagued tech companies for more than a decade, said Charles Duan, senior fellow for technology and innovation policy at the R Street Institute, a nonpartisan free-market think tank.
"The decision means a lot for software compatibility," said Matt Tait, chief operating officer of Corellium, a company that provides smartphone services. "I can write platform software that other peoples' programs can run on, without worrying" that the connection is copyrighted.
Columbia law professor Jane C. Ginsburg, a leading voice on matters of intellectual property, said the decision does raise some potentially practical issues, however. Among them: "Will the Supreme Court's decision discourage open disclosure of code if programmers fear that their creativity can be cherry-picked and privatized?"
Dissenting from Monday's ruling were Justices Clarence Thomas and Samuel Alito. As they saw it, when talks between Oracle and Google broke down, Google "simply copied verbatim 11,500 lines of code" from Oracle's library." And doing that "was anything but fair.".................
Supreme Court Hands Google A Win Over Oracle In Multibillion-Dollar Case
Comments?