Split decision in Oracle/Google: Yes to infringement, maybe on fair use

Oracle won a partial victory over Google Monday in the trial over whether Google improperly used code from Sun Microsystems’ Java in Google’s Android mobile operating system, but the victory might be unsatisfying. Google plans to move for a mistrial, and jurors were deadlocked on a key question.


According to several reporters tweeting live from San Francisco, jurors found that Google did indeed use protected code owned by Sun (later acquired by Oracle) in the code used to build Android, but they were unable to reach a decision on whether or not that was a “fair use” case: obviously a very key question. Google moved for a mistrial given the indecision on that point, and the court will consider arguments on that issue tomorrow and Wednesday, according to reports.

(More to come.)

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