After Google warned the U.S. Supreme Court that Oracle could become a monopoly and google gained support from the technology industry. Now, according to ZDNet, there is a new development in the software copyright dispute between Google and Oracle, which filed a new argument with the Supreme Court on Wednesday.
Oracle states in its update that “Google has a problem”. “It has committed shocking plagiarism and now needs to rewrite copyright laws to justify it,” it said. This is not possible. “
Oracle argues that Google wants to have its own software platform to be able to enter the emerging mobile business. “But with an imminent existential crisis, they have no time to innovate.” In the briefing, Oracle did not talk about APIs, but emphasized that Google “replicated 11,330 lines of computer code from Java SE, as well as the intricacies of organization and relationships between the lines.”
Oracle also explains in the newsletter why they believe the API is indeed copyrighted, i.e. copyright law covers “computer programs” and that APIs or any other specific type of code is no exception.
“Unauthorized copying of this scale to competing products is clearly a copyright infringement,” the brief said. “If Google extracts 11,330 theme sentences from the entire structure of the encyclopedia or the paper to compete with the original, then Google cannot credibly argue that what it copies is not protected and that their copy is justified.” Software is no exception. “
Next, Oracle will accept Google’s “fair use” claim. The brief states: “Reproduction for commercial and non-conversion purposes can seriously impair the reasonable use.” Android generated more than $42 billion in revenue. Google uses Oracle’s code or its original purpose without changing the expression, meaning, or message, which makes Google’s use non-convertible. “
In addition, the ruling could cause significant damage to the technology industry in response to a ruling by Google and its allies. Oracle also dismissed the briefing as saying that the software industry has boomed in the six years since the court’s copyright decision.
“Google protested against the decision to violate the “settled sunsets” and threatened the software industry,” the briefing said. “But the U.S. software industry has dominated the world because of copyright protection rather than piracy. The real ‘settled expectation’ is an “personal effort” inspired by the Copyright Act and the urgent need to reward the author’s “personal efforts” with personal interests. “
More information can be found at: https://www.supremecourt.gov/DocketPDF/18/18-956/132891/20200212180251262_200208a%20Resp%20Brief%20for%20efiling.pdf