A jury found Google rightfully helped itself to Oracle programming code to create the Android operating system.
The law allows use of copyrighted material in limited circumstances based on the scope of use, to what extent the purpose is commercial, and the effect of the use on the material’s value or market potential.
For six-years, Oracle had been seeking up to $9 billion in damages from Google. A judge already rejected a bid in May by Oracle to get the verdict thrown out. But the software and cloud company hasn’t given up.
It has filed a motion in San Francisco U.S. District Court again asking the same judge, William Alsup, to toss the verdict. It has cited case law suggesting use is not legal if the user “exclusively acquires conspicuous financial rewards” from its use of the copyrighted material. Google, said Oracle, has earned more than $42 billion from Android.
It is unlikely that Judge Alsup would agree. He had noted in rejecting Oracle’s first attempt at scuttling the verdict that the jury could have “reasonably found” that the commercial use also “served non-commercial purposes as well, i.e., as part of a free and open software platform, namely Android.”
Google has consistently argued that the Java code was free and open to all and that its use of the code was transformative. More over Sun Microsystems, which created Java in the 1990s long before it was bought by Oracle, had no problem with Google using the code without a license.
Larry Page, CEO of Google’s parent company Alphabet, told the court said that Google did not pay for free and open things.