Submitted by “The Oracle v. Google patent and copyright trial is over, resulting in definitive wins for Google on both fronts. Ars interviewed two Google attorneys – general counsel Kent Walker, and litigation counsel Renny Hwang – asking for their sense of what the case could mean beyond its effects on the companies themselves.” Would love to get Oracle’s input on the matter (insert schadenfreude-tastic snicker).
The decision by the judge that APIs are non-copyrightable is very good news. (That is, assuming it stands and is not appealed by Oracle).
Oracle has to appeal that ruling. It’s the way of the corporate lawsuits unfortunately.
Appeal is the way of any lawsuits, and it is more fortunate than unfortunate. It is not like an appeal is a new trial that start from scratch, it is more like an opportunity for the concerned party to present a rebuttal to the arguments presented by the first judge. See it like a debate between Oracle, Google and the Justice. At the first level, Oracle and Google present arguments, the judge look at them and present a decision based on that. At the second level, Oracle get the opportunity to explain why it thinks the judge is wrong, and Google why it thinks the judge is right. The appeal judge gives a new argumented decision, that can be debated one more time by the Supreme Court.
Appeal is everything but “unfortunate”, this is what ensure that justice is render.
Now there is still the possibility that Oracle will fold, they have little to expect on the patent front in case of an appeal, and they can expect about 30m$ if they managed to overthrow the decision on API copyrightbility at either appeal or supreme court level, and if that is the case, they will need a new trial on fair use. That is a lot of money on legal fees to spend, and even if they win, they would probably make a loss on it. Of course, Ellisson might think it is good for his ego to press charges.
http://www.groklaw.net/article.php?story=20120604161143147
Oracle sues Lodsys for being a patent troll…