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Oracle sued Google in 2010 claiming that the use of Java in Android violates patents, as well as copyrighted material related to the Java platform. Oracle acquired Java when it bought Sun Microsystems in January 2010.
In its verdict, the jury concluded that Oracle proved that Google "has infringed the overall structure, sequence and organization" of the copyrighted Java technology. But, the jury left unanswered the overall question of whether Google had "proven that its use of the overall structure, sequence and organization constituted 'fair use'" of the technology.
According to a copy of the verdict form obtained by CRN, the jury specifically found that Oracle failed to prove that Google infringed "the documentation for the 37 Java API packages in question." The jury likewise decided that Oracle had not proven that Google's use of source code in seven "Impl.Java" files, one "ACL" file, and the English language comments in "CodeSourceTest.Java" and "CollectionCertStoreParametersTest.Java" constituted infringement.
The jury did find that Google's use of the "rangeCheck method in TimSort.Java" and "ComparableTimSort.Java" did constitute infringement. But an Associated Press story said Oracle could only collect statutory damages on those counts, which could range from $200 to $150,000.
The jury checked "yes" on the question of whether Google had proven that Oracle and Sun "engaged in conduct [the companies] knew or should have known would reasonably lead Google to believe that it would not need a license to use the structure, sequence and organization of the copyrighted compliable code." Google has argued that it wasn't clear whether a license was needed for companies to incorporate Java into their products.
But the jury checked "no" on the question of whether Google had proven that it "in fact reasonably relied on such conduct" by Sun and Oracle "in deciding to use the structure, sequence and organization of the copyrighted compliable code without obtaining a license."
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