A San Francisco jury has reduced damagespayable by Google by approximately $9.3bn as a result of finding that it hadnot infringed Oracle’s copyright in the development of its Androidsystem.
The Oracle claim related to use by Googleof the Java application programming interfaces (APIs), which are programs usedto perform common computer functions. Oracle estimated the proceeds of thisinfringement to be in excess of $51bn since 2008 and claimed $9.3bn in damagesand account of profits as a result.
Oracle purchased the Java APIs from SunMicrosystems in 2010 for $7.4bn. It claimed that Google had wrongfully profitedfrom copying pages of library files, some 11,500 lines of code, stating thatGoogle had taken a “shortcut at Oracle’s expense”. The jury, however, foundthat this was not the case and accepted Google’s defence of fair use. Thisdecision could open the door to ‘free use’ by software developers of APIs andlimited ability for their creators to prevent this.
At first instance, in deciding for Google,the Judge ruled that APIs could never be the subject of copyright protection, afinding that was later overturned on appeal. Google could, however, rely on thefair use defence provided for in US copyright legislation. Although it wouldnow seem that APIs can secure protection as copyright works, this is somewhatqualified by the fair use defence, which “sets a high bar for creativity beforedeserving protection”.
Fair use decisions, however, are made on acase by case basis and cannot be relied upon in Ireland, where the relevantlegal principles are very different. Developers in Ireland or anywhere outsidethe US, should seek expert advice before making use of and/or incorporatingthird party APIs.
With Oracle vowing to appeal, this is oneprogram that the tech world will be watching!
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