Google must continue to fight Oracle's copyright claims

Google had requested that it be allowed to move the copyright component of the Oracle vs. Google case to summary judgement. The judge has now denied it leave to file the motion, saying "good cause has not been shown", until more evidence has been gathered.

Google's request noted that Oracle had "only identified twelve files" from the fifty one "Android API package specifications"; Google says that this was not a substantial part of the Oracle code. It also made the case that any copying it did would qualify as "fair use", as there were so few things alledgedly copied and where this has happened, the use was to enable interoperability. On this basis, Google said it should be free to file a motion for summary judgement.

Oracle opposed Google's motion saying that it believes Google "derived its Android code from the specifications for hundreds of Oracle’s copyrighted Java files". Oracle referred to the 1994 case of Apple vs. Microsoft, where it claims that the ruling states copying may have taken place if the defendant had access to the copyrighted work and the accused work is substantially similar. It also pointed out that it had not begun its discovery and was waiting for Google to produce all its open or proprietary code, plus "the requested change log for its source code repository". It also plans to take depositions from Google's developers to establish whether "disguised copying" has taken place.

The judge concurred with Oracle, but without prejudice, that Google should not be allowed to file for summary judgement at this point, but could file again once the discovery phase of the case had been completed.

See also:

• Google requests re-examination of Java patents, a report from The H
• Oracle vs. Google: Google accuses Oracle of manipulating the evidence, a report from The H
• Oracle vs. Android: Google denies patent infringement allegations and insists on open source, a report from The H

(djwm)