VR-Zone Tech News for the Geeks May 2012 Issue

Page 36

June 2nd, 2012

The problem with some of these is that they make domain names longer to type and could end up causing confusion for finding websites. For example, does Google plan to have google.google or youtube.youtube? We expect not, but it may use its new acquisitions to make it known what its products are, so instead of google.com/music, it might be music.google. The fourth category is interesting, as it could give Google a bit of a monopoly on generic internet terms, like the “laugh out loud” acronym “lol” that it registered. What it plans to use this and similar domain extensions for is anyone's guess. Google has promised that security and abuse prevention are a high priority with these new top-level domains, and it will work with all ICANN-accredited registrars and brand owners to develop rights protection mechanisms. “We’re just beginning to explore this potential source of innovation on the web, and we are curious to see how these proposed new TLDs will fare in the existing TLD environment,” said Vint Cerf, Chief Internet Evangelist for Google and one of the fathers of the internet. “By opening up more choices for Internet domain names, we hope people will find options for more diverse—and perhaps shorter— signposts in cyberspace.

Judge Rules Oracle APIs Not Copyrightable Source: http://vr-zone.com/articles/judge-rules-oracle-apis-notcopyrightable/16121.html June 2nd, 2012

Judge Alsup has ruled that the entire infringement point in the case between Oracle and Google was moot, as the Java APIs in question were not copyrightable, and therefor were open to use by anybody for free. This decision sets a landmark precedent in software law and copyright law, and will surely be tested in appeal.

Published by: VR-Zone

It has been more than seven weeks since the lawsuit between Oracle and Google began, but the question at the heart of that case, whether or not the structure, sequence, and organization (SSO) of the 37 Java APIs that were used could be copyrighted, has finally been answered. The presiding judge has concluded that a partial verdict that Google infringed on the SSO is invalid as the SSO is not copyrightable, though this decision could be overturned on appeal. This means that Google doesn’t have to worry about an injunction, or ban, against their Android operating system for at least a couple years. If this decision is overturned on appeal, then the question of whether or not Google’s use of the APIs is protected under the fair use defense will have to be determined either by a new jury or by a judicial ruling; Google argues that a new jury being selected means that they would have to reevaluate the infringement, which would cause an even longer delay. For now, Google’s seemingly rash decision to defend itself in court has paid off; it gets away scot-free (for a few years, at least). Few if any other companies would have taken on the risks Google did with this decision. The proverbial jury is still out on this case, at least until Oracle appeals the decision, but Google has more immediate IP litigation worries relating to a long list of Android-related lawsuits against Google, Motorola (a newly-acquired subsidiary), and other device makers, such as Samsung and HTC. Two weeks ago, a US trade agency ordered an import ban on Motorola’s (now Google’s) Android devices, and less than a week later a German court ordered a permanent injunction on the same devices. It would be understandable for the jurors, who just spent seven weeks of their life missing work and being reimbursed far below the minimum wage, to ask why the judge couldn’t have decided the copyrightable issue firest, and saved them all the hassle. The reason Judge Alsup (the presiding judge) waited until the infringement trial was over was because the judge knew from the start that any decision on the copyrightability of the API SSO would face a huge risk for appeal and overturning. He had already looked into the issue last year when he denied Google a motion for summary judgment, and he certainly wouldn’t have put the question before a jury had he been completely certain of the ruling he was planning to give. Throughout the trial, Judge Alsup showed nothing but consideration for the jury, even telling Google and Oracle that, should they settle, they should do so before the weekend so as to minimize the impact on the jurors’ lives. Clearly, given that the judge himself is unsure of the defensibility of his ruling in the Federal Circuit Court of Appeals, the next stop for the trial should Oracle pursue it, those who are overjoyed by this ruling should be a bit more cautious. Google built key components of the Android operating system on a highly controversial legal theory that will ultimately be decided by either the Federal Circuit or the Supreme Court of the United States. A couple of years might seem like an eternity in a field like software development and mobile operating systems, but it’s obvious that Google has much longer-term interests in the Android operating system. And to be frank, a ruling that the judge himself was unsure of in no way means that there was no case. This decision is unprecedented; no comparable amount of software code (400 class definitions and thousands of methods) has been held uncopyrightable despite satisfying the originality requirement. Both sides had reason to appeal should the case have gone against them. 9


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