Jury issues partial verdict in favor of Oracle against Google

The jury returned from deliberation in the Oracle v. Google trial, issuing a partial verdict in favor of Oracle in the lawsuit regarding whether or not Google infringed on Oracle's Java patents and APIs with its Android operating system. There's one big caveat in its findings, however: it couldn't decide whether or not Google made "fair use" of the Java APIs it utilized. Because of this caveat, Google has motioned for a mistrial.

Rachel King and Dan Favor of CNET obtained court documents of the proceedings which show the jury's verdict. Notably, the jury skipped the second part of the first question to the verdict form provided by the judge, William Alsup. The skipped part in question reads as follows:

Has Google proven that its use of the overall structure, sequence and organization constitute "fair use"?

Yes ________ No ________

The previous part of the question reads as follows:

Has Oracle proven that Google has infringed on the overall structure, sequence and organization of copyrighted works?

Yes ________ No ________

The 12-person jury, made up of five male jurors and seven female jurors, was unanimous in finding that Oracle had proven that Google infringed on "the overall structure, sequence and organization of copyrighted works." Because the jury selected "yes," it was ordered to select the second part of the question, which it didn't. According to CNET's report, the jury was not unanimous in all their other answers.

The jury deliberated for over a week before coming to its findings. Because of the skipped portion, the damages Oracle receives from Google could be limited, if the jury's findings even stand. According to King and Favor, Google will present its argument for a mistrial tomorrow and Thursday.

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16 Comments

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The author needs to note that they only found 9 lines were copied (and these still have a defense available).

The other main finding that they copied the structure, sequence and arrangement which has no bases in copyright law (this is an attempt to relabel copyright after previous decisions stated it does not cover it). The judge will have to decide on it, but considering the ruling in the EU and the low level of this court it would be staggering if he attempts to make a precedence.

MySQL was forked before the Deal was signed. There was also, talks around the time of the merger that if Oracle trashed MySQL that the fork would start developement. Granted haven't heard anything about this recently.

Mike Frett said,
Hopefully ALL these companies will sue each other out of business.

Yes, because that would be really great for everyone.... Lets burn every book while we are at it and we can fight each other with sticks and stones.

Mike Frett said,
Hopefully ALL these companies will sue each other out of business.

Hell yeah!!

Phalanger said,

Yes, because that would be really great for everyone.... Lets burn every book while we are at it and we can fight each other with sticks and stones.

Yes,
It would be great as we need to start over with EVERYTHING!! Everything in the world has gotten so f***ed up, it's ridiculous!

Any my parents thought my generation was a bunch of peace, fun loving, brain dead hippies!!

According the BBC article, the infringement is a grand total of 9 lines of code, and Oracle could receive all of £200-£150k compensation (thats right, potentially $200).

Google will pay the fine, and life will carry on as usual. The only impact from this case is that Oracle has probably shot themselves in the foot by scaring potential developers away from Java as a platform.

So all in all, of the major Sun products, Oracle have scared people away from Java, re-closed Solaris' source code, and killed OpenOffice. Virtualbox may be turning them a profit with the "Oracle extension pack" or whatever it's called, but hey, way to go with that Purchase Oracle. Sounds like Billions well spent!

Guarantee you that in the end this will almost not affect Android at all, and Goracle will settle this with cash. Don't expect the "end of Android" or anything of the sorts. Good start for Oracle in this case, but Google will have tricks up their sleeves and come back harder to get this as a mistrial/etc.

I think Google is going to get it hard. Microsoft and IBM backed up from their own Java VMs back in 2002. If the court allows this now then it could be more trouble for the software industry. Dont think Microsoft will come back to Java but IBM might.

Riva said,
I think Google is going to get it hard. Microsoft and IBM backed up from their own Java VMs back in 2002. If the court allows this now then it could be more trouble for the software industry. Dont think Microsoft will come back to Java but IBM might.

IBM still develops their J9 JVM.

smooth_criminal1990 said,
5 male jurors + 7 female jurors=12, not an 11 person jury... or am I missing something?

Two and a half men.. twice?

smooth_criminal1990 said,
5 male jurors + 7 female jurors=12, not an 11 person jury... or am I missing something?

Or a clever way not to explicitly state there is a transsexual among them

smooth_criminal1990 said,
5 male jurors + 7 female jurors=12, not an 11 person jury... or am I missing something?

It's a good thing I'm a writer and not a mathematician.

(Fixed, thanks guys.)