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Oracle’s core argument appears to be that Google should have merely obtained a Java license. Perhaps then all of this court nonsense would have been avoided. Still, Google isn’t going down without a fight and, according to Mashable, is continuing to emphasize the point that “infringement and fair use are two sides of the same coin.”
Google is resolute in going forward with a retrial. Their statement to the court makes that very clear. Oracle's patent infringement and copyright lawsuit against Google is finally set to go to trial at the U.S. District Court in San Francisco today, but there are certainly plenty of questions looming as to where this will end up.
But Oracle has also repeatedly failed to pinpoint and narrow down which patents being violated. Furthermore, it hasn't helped that settlement talks have continuously stalled proceedings. Even dragging in Oracle CEO Larry Ellison and Google CEO Larry Page didn't do any good.
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I think Google is going to win this, at least the first part which deals with copyrights. I'm not so sure about the patent issues that will be decided in a seperate phase of the trial. As I understand it, Oracle's copyright case is dependent on Google using 37 API packages that Oracle claims are separate from the rest of Java, and are therefore individually copyrightable. Google says, nope, you can't use Java without APIs, so Java is useless if you cut out APIs from open source, which would render "open source" meaningless. Plus, if you listen to Oracle, they make almost everything you do with APIs a derivative work of their specification.
And besides, Google argues, even if you could copyright it, we didn't use much of your code anyway. It's not enough to count, and if it does count, Sun shouldn't get much money. Having Sun's former CEO who was in charge at the time of Android development come in and basically agree with everything Google said certainly didn't strengthen Oracle's argument. If I were a betting man, I'd say this round will go to Google.