Google believes its original code to make Java jive with Android falls under fair use. Oracle argued that Java does not fall under fair use and Google infringed on its intellectual property.

Oracle has won the most recent court appeal and Google could owe the company up to 8.8 billion dollars.

As we watch the case makes its way through the courts, here are a few key points we need to address.

Isn’t Oracle’s Java an open-source platform?

Yes, but there is a catch. Oracle says its APIs (application programming interface) can be used to develop an application for computers or mobile devices.

Oracle continues to say a company is not permitted to embed its software in devices or be used by a competing platform. Oracle believes that Google breached this policy by embedding its intellectual property into Android devices.

Did Google Literally Use Java?

The simple answer is no. Google does not directly use Java. The slightly longer answer is instead of licensing the Java platform from Sun Microsystems, Google chose to write its own version without copying Java code for its Android system.

Google’s version does offer functionality with Java that Oracle believes infringes on its intellectual property. Google stated that its code functionality falls under fair use and that any monetary value gained from Oracle is minimal.

What is “Fair Use?”

According to Richard Stim of Stanford, fair use is “any copying of copyrighted material done for a limited and “transformative” purpose, such as to comment upon, criticize, or parody a copyrighted work. Such uses can be done without permission from the copyright owner.”

Did Google Use Oracle APIs to “Comment Upon, Criticize or Parody” Android?

Google creates and updates the Android operating system. Clearly, Google was not commenting on the Java platform, criticizing it or making a parody when it implemented it into its products.

Hypothetically, if Google did this as a parody, did it receive 8.8 billion dollars’ worth of laughs? For the record, the appeals court did not find Google’s use of Java to be considered “fair use.”

What’s Next in this Tech Battle?

Although Oracle scored a huge win, the court room war is likely not over. Google can ask the judges reconsider their positions.

Additionally, the losing party can attempt to move the case upward to the Supreme Court. The Supreme Court declined to hear the case in the past.

In my opinion, it seems Google might have taken a shortcut in securing the needed licensing to make Java function with Android.

It appears this dispute could go on for a long time. The only certainty is that the attorneys will make a lot of money.

Do you believe that Google infringed on Oracle’s IP by creating and embedding software that functioned with Java?  Any other thoughts or remarks? Let me know what you think in the comment section.