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Background[ edit ] Java was originally developed at Sun Microsystems starting in December This allows for interoperabilityor as marketed by Sun, " Write once, run anywhere "; a programmer would only need to create one set of code which, through the Java virtual machine, can be run on any computing platform that supports Java.
The Java language was released to the public inunder the Sun Community Source Licensemaking the source freely available but requiring that products using the code were maintained to the Java standard, and that any commercial derivative works were licensed by Sun. Sun retained strong control over the language and standards itself, licensing the necessary elements like TCKs for commercial users.
Schwartz about licensing the Java libraries for use in Android. Schmidt said Google would have paid for that license, but they were concerned that Sun had also requested Google case write up shared control of Android along with the fee.
This became the engine behind Android's Dalvik virtual machine, a core part of the new system. Part of the virtual machine included 37 API calls and around 11, lines of code deemed central to Java, which were taken from Apache Harmonyan open-source cleanroom Java implementation developed by the Apache Software Foundation ASF.
Oracle asserts Google was aware that they had developed Android without a Java license and copied its APIs, creating the copyright violation. Oracle also citing seven prior patents related to the Java technology created by Sun and now owned by Oracle that Google should have been aware of as they had hired former Sun developers that worked on Java.
Oracle sought both monetary damages and an injunction to stop Google from using the violating materials. The copyright phase started on April 16,and consisted of several distinct claims of infringement: The jury also found that Google had sufficient reason to believe based on Sun's and Oracle's conduct that they did not need to license Java from Sun or Oracle, but did not rely on this when developing Android.
For the patent, they argued that they were using parsing for optimizing static initialization, rather than "simulating execution" as the claim required. For the RE patent, they argued that the instruction did not include a symbolic reference.
On May 23,the jury found non-infringement on all patent counts. While the jury had found for Oracle regarding copyright infringement of the APIs, Alsup determined that the APIs were not copyrightable in the first place: It does not matter that the declaration or method header lines are identical.
The parties agreed to zero dollars in statutory damages for the small amount of copied code by June Because the case involved claims related to patents, the appeal was automatically assigned to the United States Court of Appeals for the Federal Circuit.
The legislative history explains that literary works include "computer programs to the extent that they incorporate authorship in the programmer's expression of original ideas, as distinguished from the ideas themselves" p. To qualify for copyright protection a work must be original.
The court was therefore "first to assess whether the expression is original to the programmer" p. This led the court to conclude "that the overall structure of Oracle's API packages is creative, original, and resembles a taxonomy" p.
It therefore reversed the district court on the central issue, holding that the " structure, sequence and organization " of an API is copyrightable.
It also ruled for Oracle regarding the small amount of literal copying, holding that it was not de minimis. The case was remanded to the District Court for a second trial, to consider whether Google's use was acceptable anyway, under the doctrine of fair usesince the original case had not brought out the facts related to fair use sufficiently for the Appeal Court to rule on that point.
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