Oracle wants six Android versions added to Google copyright complaint
Oracle has asked a US judge to consider six more versions of Google’s Android platform when assessing the level of alleged copyright infringement of its Java program.
The dispute centres on Oracle’s claim that copyright protecting 37 application programming interfaces (API) used in the program was infringed by Google’s Android operating system.
Oracle filed the lawsuit at the US District Court for the Northern District of California in 2010 and a jury ruled two years later that Google infringed the API-related copyright, but the court later found that the APIs were not eligible for copyright protection.
On appeal, the US Court of Appeals for the Federal Circuit ruled last May that the APIs can be protected by copyright and instructed the court to re-instate the jury’s infringement finding.
In light of its decision, the federal circuit also asked the lower court to further consider Google’s argument of fair use, which had previously left the jury deadlocked.
Now Oracle wants to update the complaint to include alleged infringement based on six updated versions of Android that Google has released since filing suit.
It has also asked for any damages awarded to reflect this.
According to Oracle’s letter, sent to Judge William Alsup, who is presiding over the case, Google has released six “major” versions of Android since 2010 and around 80% of smart phone devices in global circulation use an Android operating system.
According to the letter, Android now has one billion users and Google “reaps untold profits from these users through a variety of means”.
“At the same that Android has become truly ubiquitous, the Java platform has suffered more than ever,” the letter, sent on July 22, added.
“The record of the first trial does not reflect any of these developments in the market, including Google’s dramatically enhanced market position in search engine advertising and the overall financial results from continuing and expanded infringement.”
The dispute has also seen Google suffer defeat at the US Supreme Court.
Last October, Google appealed against the federal circuit’s judgment and asked the Supreme Court to hear the case. But the court rebuffed Google’s request last month.
It came after Donald Verrilli, the US solicitor general at the Department of Justice, said in May that the court should not grant Google’s appeal.
Dennis Cohen, partner at law firm BakerHostetler, said he understands Oracle's confidence in pushing to amend the complaint, but he warned about stretching the claim too far.
"Oracle got a very favourable result from an appellate court in a rapidly changing legal environment. Naturally, it wants to press its advantage now. If forced to commence a new action to address subsequent infringements, Oracle may face judges with different views of complex software copyright issues, and it is less likely that Google will concede even limited copying.
"Oracle must be careful about what it wishes for: if it expands its allegations too dramatically, Google can tie up ongoing litigation for a long time, creating complications for Oracle's chances of a rapid and meaningful recovery," he added.
Neither Google nor Oracle had responded to a request for comment at the time of publication but we will update the story should either company get in touch.
