For the past year Oracle and Google have been locked in high-profile dispute over Oracle’s rights to the APIs in the Java Virtual Machine. Oracle asserts that Google’s Android operating system infringes on JVM patents and copyrights that Oracle inherited as part of its 2009 acquisition of Sun. At the time of the acquisition, the open source community was concerned about Oracle owning MySQL, not Java. Java was flagged by the European Union. As a Wikileaks cable showed last week, the U.S. Government leaped to Oracle’s assistance in persuading the E.U. regulators to permit Oracle’s acquisition of Sun. Fast forward two years to a new owner of Java — an Oracle more hostile to open source than Sun and whose only competitor to Java is the Microsoft .NET Framework.
API Copyright of JVM
At this stage of the copyright litigation in Oracle v Google, Oracle needs to demonstrate to Judge William Alsup that there is a “genuine issue of fact” whether Android infringes the Java Virtual Machine APIs. That’s enough to get Oracle’s copyright case in front of a jury. To get the copyright issue thrown out before trial, Google must rebut the arguments that Oracle has presented. Addressing each specific fact, Google’s Reply last week offers an exceptionally detailed and clear tutorial on API copyright law. A legal monograph published by Professor Efthimios Parasidis in 2005 provides a similar analysis.
There are two possible outcomes to the copyright claims of Oracle: Android infringes the Java APIs or it doesn’t. It may appeal the partial summary judgement on the copyright issue once there is a final judgment on the rest of the case. If Judge Alsup rules in favor of Oracle, then the copyright infringement issue will be decided by a jury later this year.
Windows API Example
Google’s Reply makes a strong case against copyright protection of APIs. But there are additional examples where APIs were considered unprotectable. In the antitrust case against Microsoft, a U.S. District Court stated “Theoretically, the developer of a non-Microsoft, Intel-compatible PC operating system could circumvent the applications barrier to entry by cloning the APIs exposed by the 32-bit versions of Windows (Windows 9x and Windows NT).” The court went on to say “Applications written for Windows would then also run on the rival system, and consumers could use the rival system confident in that knowledge.” This is the same circumstance in which U.S District Court Judge Alsup finds Android.
[UPDATE May 26, 2015: Read the Solicitor General Brief to the U.S. Supreme Court]