1. The Oracle vs Google case focuses on the concept of Fair use exception and materials which do
not infringe Copyright. It had all started in August, 2010 when Oracle filed a complaint for
Copyright and Patent infringement. It had contended that Google had copied Oracle’s Java
Application Programming Interface in its mobile operating system. This operating system
(Android) was purchased by Google in 2005 which was persistently developed by Google.
Oracle claims that Google has copied verbatim of the literal elements of the API packages.
Though the API packages are used to develop the mobile software but in this case Google had
violated copyright by replicating the exact, original lines of the declaring source code. The
question was even with respect to the non- literal elements of 37 packages out of 166 packages.
Google had developed the elements of the other packages by its own excluding these 37
packages.
Judge William Alsup decided over the case in favour of Google in Northern District of
California and held that API is not subject matter of Copyright. Even though API packages were
original, creative and “resembles taxonomy” but they are a set of command, a scheme of
operation that is not entitled to copyright protection under Section 102(b) of the Copyright Act”.
U.S. Court of Appeals for the Federal Circuit on appeal by Oracle held that there was an element
of creativity and innovation in the work of Oracle. Google had used structure, sequence and
organization verbatim in 37 packages though it could have developed of its own. Thus, the
decision was reversed and the API packages were entitled to copyright protection.
Google filed a petition in the U.S. Supreme Court to the review the decision of the subordinate
court on 6th October, 2014.
Thus, a lot is at stake in terms of money, reputation which will be depending on the Supreme
Court.