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from the why-aren't-appeals-more-appealing? dept.
Tech Dirt reports that Off We Go: Oracle Officially Appeals Google's Fair Use Win:
It was only a matter of time until this happened, but Oracle has officially appealed its fair use Java API loss [PDF] to the Federal Circuit (CAFC [US Court of Appeals for the Federal Circuit]). As you recall, after a years-long process, including the (correct) ruling that APIs are not covered by copyright being ridiculously overturned by CAFC, a new trial found that even if APIs are copyright-eligible, Google's use was covered by fair use. Oracle then tried multiple times to get Judge William Alsup to throw out the jury's ruling, but failed. In fact, on Oracle's second attempt to get Alsup to throw out the jury's ruling, citing "game changing" evidence that Google failed to hand over important information on discovery, it actually turned out that Oracle's lawyers had simply failed to read what Google had, in fact, handed over.
(Score: 2) by Zz9zZ on Friday October 28 2016, @08:33PM
The lesser of two evils thing isn't a great argument. Oracle I think is struggling to maintain relevance and engaging in shitty business tactics, but so has Google. The bigger issue is how large and pervasive Alphabet has become, and what the massive amount of data they collect gets used for (aside from advertising which is bad enough).
~Tilting at windmills~
(Score: 2) by darkfeline on Friday October 28 2016, @08:57PM
>Google [is struggling to maintain relevance]
>... how large and pervasive Alphabet has become
I don't think those words mean what you think they mean.
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(Score: 2) by Zz9zZ on Friday October 28 2016, @09:11PM
Oracle is struggling to maintain relevance
Alphabet is large and pervasive
If you can't parse these ideas / words then I don't know how to help you. If you just disagree then that is your right.
~Tilting at windmills~
(Score: 0) by Anonymous Coward on Saturday October 29 2016, @02:15PM
There are (at least) two ways to parse what he wrote. The correct way is:
Oracle is struggling to maintain relevance.
Alphabet is large and pervasive.
Oracle and Alphabet have engaged in shitty business tactics.
(Score: 2) by urza9814 on Monday October 31 2016, @01:36PM
Actually, he says Oracle *is* engaging in shitty business practices, and Google *has* -- meaning Google is no longer doing so. The only logical way of parsing that post that I can come up with is "Yeah, Oracle engages in shitty business practices, but all large companies have done that at one time or another so it's not such a big deal. The bigger issue is their data collection practices."
(Score: 0) by Anonymous Coward on Saturday October 29 2016, @03:54PM
Doesn't matter when one side is clearly in the right on the argument. Oracle's interpretation of copyright law (unfortunately now backed up by the crooks on the federal appeals court) about APIs would kill the software market. Amusingly enough, if Oracle's argument applied fully, they'd be out huge money on SQL, since they didn't create it. However, the way they've handled this case from the beginning is nothing but a showing of how scummy lawyers can be, and there have been a couple things that might rise to the level of sanctions. They need to lose, and hard, because they're both in the wrong and going about it in a rather nasty way.
(Score: 2) by Grishnakh on Monday October 31 2016, @03:35PM
Maybe it'd be better if the won, and won big, and the software market was killed as a result.