Google Considering Next Steps in Oracle Fair Use Case After Adverse Federal Circuit Ruling

Google said it's considering its next steps in its long-running legal dispute with Oracle over its use of coding and names in Oracle's Java application programming interface (API) technology in its Android mobile operating system after the U.S. Court of Appeals for the Federal Circuit ruled against Google Tuesday. The three-judge Federal Circuit panel remanded the case to U.S. District Court in San Francisco for another jury trial, reversing a federal jury's 2016 verdict that Google's fair use of Oracle's API technology qualifies as a transformative fair use (see 1605260067). Oracle's appeal of the case to the Federal Circuit last year drew support from MPAA, while many tech sector stakeholders backed Google (see 1702220031 and 1705300064). “Although Google could have furthered copyright’s goals of promoting creative expression and innovation by developing its own APIs, or by licensing Oracle’s APIs for use in developing a new platform, it chose to copy Oracle’s creative efforts instead,” said Circuit Judge Kathleen O'Malley in the Federal Circuit panel's ruling, which was joined by Circuit Judges Jay Plager and Richard Taranto. “There is nothing fair about taking a copyrighted work verbatim and using it for the same purpose and function as the original in a competing platform.” The Federal Circuit's opinion “upholds fundamental principles of copyright law and makes clear that Google violated the law,” said Oracle General Counsel Dorian Daley in a statement. “This type of ruling will make apps and online services more expensive for users,” Google said in a statement Wednesday.