Google and Oracle's 10-year lawsuit over compensation of about 1 trillion yen has been settled, is 'API copy' illegal after all?
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In the trial between Google and Oracle, which has been contested for more than 10 years since 2010, the Supreme Court has finally made a decision. In this lawsuit, the point that 'Google's copying of Java code when building the Android OS may constitute a copyright violation' was contested. Approximately 970 billion yen) in damages. However, the Supreme Court overturned this ruling and won Google.
GOOGLE LLC v. ORACLE AMERICA, INC.
(PDF file) https://www.supremecourt.gov/opinions/20pdf/18-956_d18f.pdf
Oracle Statement Regarding Oracle v. Google
https://www.oracle.com/news/announcement/oracle-statement-regarding-oracle-v-google-040521.html
Supreme Court rules for Google in Oracle copyright fight over Android
https://www.cnbc.com/2021/04/05/supreme-court-rules-in-googles-favor-in-copyright-dispute-with-oracle-over-android-software.html
The lawsuit between Google and Oracle began in 2010. At issue in this case was the API (Application Program Interface) that Google uses in its Android OS. When building Android, Google used 37 Java-related APIs of about 12,000 lines as the basis, but these APIs were developed by Sun Microsystems . Before Oracle filed a lawsuit, Google used the API without permission from Sun Microsystems, as the mainstream perception was that ``APIs are not copyrighted''. Oracle then acquired Sun Microsystems and sued Google for copyright infringement.
What attracted attention in this trial was the discussion of points such as 'whether APIs can be copyrighted' and 'whether the use of Java-related APIs constitutes fair use .' It was also noted that the amount of damages was very high at 8.8 billion dollars (about 970 billion yen).
In 2012, the Federal District Court ruled that ``APIs are not subject to copyright protection,'' and Google won , but Oracle immediately appealed. In the second trial contested by the Federal Circuit Court of Appeals, the first trial was abandoned in 2014 and a ruling was issued that ``APIs are subject to copyright protection.'' After that, a federal appeals court decision issued on March 27, 2018 ruled that ``Google's use of the Java API in this case does not constitute fair use,'' and Google lost the case .
In 2019, the Supreme Court finally accepted Google's appeal . In October 2020, it was reported by overseas media that ``in oral arguments, the view that ``Google is disadvantaged'' is predominant.
Google and Oracle face off in Supreme Court oral argument over 'API copyright', Google's view that it is disadvantageous - GIGAZINE
However, on April 5, 2021, it turned out that the Supreme Court upheld Google's claim. The court concluded that APIs that allow programmers to access the code of other software 'are significantly different from other computer programs.'
Judge Steven Breyer said, ``As part of the interface, the copied code is essentially associated with ``non-copyrightable ideas'' and ``new creative expressions.'' ``Unlike other computer programs , The value of the code copied this time comes from the developers invested in the ecosystem, not from the actual operation of the program.'
He also mentioned that the copied code in question was 'to enable other programmers to develop in different computer environments.' Harnessing the API to allow Java programmers to build Android apps was described as 'a fundamentally transformative use.'
Judge Breyer said, ``We do not intend to modify or overturn the fair use decisions that have been made so far,'' and that Google's copying of Java code is permitted under the current fair use provisions. Claimed. One of the points of contention was whether or not the API was copyrighted, but since the act in question was recognized under the principle of fair use, no clear conclusion was drawn on this point.
In addition, Oracle has issued a statement as follows after receiving the judgment.
'As Google grew as a platform and its power in the market, the barriers to market entry increased and the competition was lost. They stole Java and for 10 years, lawsuits only a monopoly could This action is why regulators around the world and in the United States are investigating Google's business practices.'
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