Google asks the US Supreme Court to end the Oracle Copyright case

On Thursday, Google announced to Alphabet to ask the United States Supreme Court to quash a case involving copyright for a billion dollar copyright, carried by Oracle Corp and dating from 2010 .

Google has asked the High Court to decide that its copy of the Oracle Java programming language in order to create the Android operating system was allowed under US copyright law.

A jury authorized Google in 2016, but the US Federal Circuit appeal court overturned this verdict in March 2018 and opened the way for a jury trial to determine monetary damages.

Google said the Federal Circuit's decision in favor of Oracle was a "devastating punch against the software industry" that would curb innovation.

Dorian Daley, general counsel at Oracle, said in a statement that Google was developing arguments that had already been discredited.

"The invented concern about innovation hides Google's real concern: to allow users to replicate the original and valuable work of others for substantial financial gain," said Daley.

The dispute concerns the degree of copyright protection that should extend to the Oracle Java programming language, used by Google to design the Android operating system running most of smartphones of the world.

Oracle is seeking royalties for Google's unauthorized use of Java language parts, called Application Programming Interfaces (APIs), tools that allow different computer programs to communicate with each other.

Google said that copyright protection should not extend to APIs as they are essential tools for software development.

Google has also argued that its copy is authorized as part of the fair use defense, which permits the unlicensed use of copyrighted material for such purposes than research.

The dispute has already produced several setbacks.

As a result of a jury blocking verdict in 2012, a San Francisco federal judge joined Google and said the APIs were not protected by the law. author.

In 2014, the Federal Circuit was not agreed, which led to a second jury trial in 2016 on whether Google was protected by the fair use defense.

In the 2016 lawsuit, Oracle claimed that Google had copied Java because it desperately wanted to penetrate the smartphone market and that internal emails were showing business representatives that they felt that it was a good business. they had to pay for a license.

Google retorted that the APIs were designed for personal computers and transformed for use in smartphones so as not to cause any economic harm to Oracle.

The jury is lined up on Google's side, denying Oracle's bid for about $ 9 billion in damages.

The Federal Circuit stated in its 2018 decision that Google could not invoke the fair use defense because it was copying the Java APIs as is and "for the same purpose and for the same purpose".

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