Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Robert J. Bernstein and Robert W. Clarida

On March 27, the Court of Appeals for the Federal Circuit reversed a jury verdict of fair use in a long-running and closely-watched litigation between two giants of the tech industry, Oracle America v. Google, 886 F.3d 1179 (Fed. Cir. 2018). At issue was Google’s unauthorized use of software application programming interfaces (APIs) developed by Oracle’s predecessor, Sun Microsystems, in connection with the Java programming language. For a fee, Oracle licenses these APIs to software developers who wish to write code in Java for use on mobile devices. When Google began developing its Android mobile operating system in 2005, it entered into negotiations for a license to use the Java APIs but no deal was struck. Google’s Android team was unable to develop its own APIs, but “elected to do Java anyway,” id. at 1187, copying verbatim 11,500 lines of Oracle’s code as well as the structure, sequence and organization of 37 Java API packages. The Android system was hugely successful and, the court noted, “devastating” to Oracle’s licensing strategy, as many customers switched to Android and other Java customers, such as Amazon, demanded discounts.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.