Google and Oracle met again in court on Monday (23/05) to duel on the future of Android. After some arguments, it became clear that the companies differ on key issues related to the dispute.
The jury of San Francisco (USA) will decide whether the use of 37 APIs Java to build mobile operating system It can be considered “fair”, which bookstore search giant to pay a billion dollar fine to the database manufacturer.
Google claims that simply used code pieces to create something totally different from the original technology . “We deliver Android with things that turned the system into something new and different,” said Robert Van Nest, attorney defending the company.
The creative work of transformation, therefore, represent a use “fair” , which not would require the payment of royalties by the code, said the defender.
He also held the position with the argument that only a small portion of the wireless technology used and that Android does not replace or compete with Java, so do not pose a threat to market embedded solution to Oracle’s portfolio with the purchase of Sun Microsystems.
Oracle’s lawyer reinforced the idea that Google copied code because it could not develop the mobile operating system fast enough. “They knew they were breaking rules, knew the path and were aware that they were wrong,” emphasized Peter Bicks.
Google described declaring the code used as nothing more than functional components needed to make call resources and become more effective Java programming language. Oracle claims that this small amount of code used was something significant. “If it were not important, why they copied” asked the prosecutor.
Once Google used Java code to build Android, Oracle said it considered developing its own mobile phone platform, but concluded that “it would not be able to compete against a free OS.”
the company also argued that licensing revenues for companies like Samsung has also shrunk as a result of Google’s approach.
the lawyers used many metaphors to try to convince the jury of citizens with little knowledge in technology. Google compared the use of APIs to a shelf where it was possible to read identifications; while Oracle said that it was something more substantial, such as books, chapters and sentences extracted from the series of Harry Potter.
This is the second time that the issue will stop in court. In 2012, the justice decided in favor of Google. Oracle appealed, and collecting damages of $ 9 billion. The point is that the discussion is very broad and delicate, and can rearrange the way software is developed.
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