There is a fight between Google and Oracle’s Android about the copyright and now it is up to jury members.

The companies are still sparing over “fair use” of some code of Java.

On Monday, Google and Oracle’s fierce court fight over the Java code inside Android has now went to jury after closing arguments which were sharply differed on the most and several basic issues.


In San Francisco, the federal jury is now declining that Google’s use of Java code which are now claimed to be copyrighted whether constitutes fair use, an exemption that would make company free from having to pay Oracle damages.

At issue is “declaring code” that is a part of 37 Java APIs which used by Google. According to Google or Google says, it simply used only selected part of Java just to create something new in the Android form.

Attorney Robert Van Nest of Kekr & Van Nest who are representing Google said that, “What fueled the success of Android is mainly all the things that went into it which completely new and different as well”.

Van Nest also said that “That makes Android a transformative work, so it is complete fair to use a copyrighted code. He also given other reason it’s fair use, including that Google has used only a small part of Java, and that Android is not a substitute for Java and so use of it’s use of the code did not harm the market of Java in any case.

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Attorney of Oracle have argued that Google has copied the code because it could not build a mobile operating system fast enough without using it.

“They knew very well that they are breaking the rules, they knew they were going for or taking very short cuts, and they also knew that they are totally wrong”. All these was said by Peter Bicks of Orrick Herrington.

Google described the declaring Java code as nothing more than functional components it actually needed to call resources and also make Java Programming a more effective language. Oracle has argued that the relatively a very small amount of code has outsize significance.

Bicks asked the Jury that, “If this was not much important, then why Google copy it?”.

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After Google used the Java code to build Android, Oracle said that it considered for the development of platform for phone but also concluded that it could not compete with the Operating System which are free. It has also seen Java licensing revenue from various and top companies like Samsung shrink.

The companies used several competing metaphors to help a jury of average citizens so that they can see this issue in their own way. Google compared the declaring code in the APIs to a fling cabinet with folders labeled in it, while Oracle said that it was something more & more creative and substantial, like the books, topic sentences and chapters in the different series of Harry Potter.

This is a second time when a jury has considered the issue of fair use. In 2012, Juror in Google and Oracle’s last trial, could reach even a single verdict on that very issue. The this jury find the Java in Android is not covered by fair use, then the trial will immediately turn to the question of damages. And for this, Oracle wants US$8.8 billion as compensation.

Both sides have invoked a bigger issues in their closing arguments to the jury members. Google has said that the fair-use exemption protects the kind of innovation that at which Northern California excels. Oracle, itself a 132,000 person behemoth valued at more than $160 billion, cited far reaching influence of Google.

Bicks said that, “It takes somebody with courage and strength to stand up to somebody like Gogole”.

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