Saturday, 23 February 2013

Microsoft, NetApp and EMC back Oracle in Java copyright case

Microsoft, EMC, and NetApp have come out against the pro-Google verdict from Oracle's copyright case on the Java platform.

The firm's are up in arms over last year's court ruling which fond that Oracle is unable to claim a copyright on parts of Java code found in the Android mobile OS. Microsoft, EMC, and NetApp wrote in a co-sponsored legal brief that the ruling undermines current copyright law.

"The district court's holding that critical elements of the software platform at issue in this case are not copyrightable at all is the product of several significant errors of copyright law," wrote the firm's in the legal briefing.

"In particular, the court failed to appreciate the key distinction between the threshold question of what is copyrightable and the role of separate doctrines to determine when a valid copyright has been infringed. If ruling would upset settled expectations and harm incentives for innovation in the software industry."

Oracle sued Google for copyright infringement of its Java platform two years ago. The firm alleged that Google was illegally copying Java APIs for use in its Android OS.

Late last year, a US district shot down Oracle's case. The?judge ruled that Oracle could not own the copyright on pieces of code.

He found that while Oracle could own the rights to Java, it did not have the copyright on specific lines of code in the platform.

However, Microsoft, EMC, and NetApp disagree with the judge's assessment on the case. The trifecta reports that Google broke Oracle's copyright on Java by copying "non-literal" elements of the platform.

The argument finds that Google can still be held accountable for copyright infringement because its code shared a similar structure and organization to Java code.

The legal brief goes on to find that the pro-Google ruling would hurt the industry as a whole. The document says that by allowing Google to use Java code in its platform the courts are setting a legal precedent which will allow future firm's to copy protected software.

"[The] decision sets a dangerous and ill-advised precedent. Under established precedent, sufficiently original software packages like those in the Java platform certainly may be copyrightable, preventing free-riders from replicating their precise structure and suite of features," continued the brief.

"Yet the district court's reasoning leaves no room for that result-not only in this case but on virtually any facts."

Oracle has already appealed the case. The firm made its appeal on the API ruling earlier this month.

Source: http://feeds.v3.co.uk/c/554/f/464335/s/28d3b9f0/l/0L0Sv30O0Cv30Euk0Cnews0C224990A60Cmicrosoft0Enetapp0Eand0Eemc0Eback0Eoracle0Ein0Ejava0Ecopyright0Ecase/story01.htm

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