Case Study Oracle Vs Google

A Brief Analysis of the case —Oracle -v- Google

1. Introduction

With the development of technology, the android phone is playing a more and more important role. Along with it come the copyright problems. In this case, Google provides the Android platform borrowed technology from Java to smartphone manufacturers. However, Oracle accused Google of infringing 37 of the Java API packages by copying their names and functions.

2.1 fair use and courts support

Copyright is vital important, and all countries place limits on copyrights. Some countries like China lists the limits, while other countries have no specific definition, just depend on a border exception – fair use. According to 17 U.S.C. Section 107, the fair use of a copyrighted

However, Oracle alleged it serves the same purpose in Android as in Java-as part of a platform to develop and run applications. And the same purpose may have more conflicts because they may target the same market.

Secondly, although Google alleged that it took care to use code to implement the six thousand-plus subroutines (methods) and six-hundred-plus classes, which is to make code different, there are some facts are converse. Google copied the declaring source code from the 37 Java API packages verbatim. Google copied the elaborately organized taxonomy of all the names of methods, classes, interfaces, and packages — the "overall system of organized names — covering 37 packages, with over six hundred classes, with over six thousand methods." [2]

Hence, even if Google not copied the literal software code contained in the API packages themselves, Google infringed 37 of the Java API packages by copying their exact names and functions, including the “structure, sequence and organization of the overall code for the 37 API

2.3 copyright protection for Java’s API’s in China

In this case, we should first judge if the APIs have copyright under PRC Software Directive. If it has copyright, then is necessary for us to discuss whether it is inside limitation under Article 22 of the Copyright Law and Article 21 of the Copyright Regulations.

From the article 6 PRC Software Directive, the protection in this regulation don’t extended to ideas, processing operations, operating methods or algorithm concepts for creating the software. If Google use APIs directly with no modification, it must be infringement. However, Java APIs is just some ideas here because Google has implemented the functions use new codes, which are fresh line-by-line implementations. [3] Hence, in this case, APIs is just ideas, not specific expression, because the code has been rewritten by Google. So Java APIs do not be protected by copyright law. Java APIs has no copyright.

Until now, we has a conclusion that Java APIs do not have copyright, so we have no need to discuss limitation under Article 22 of the Copyright Law and Article 21 of the Copyright Regulations. It’s obvious that Google can use Java APIs