Google announced today that it has asked the US Supreme Court to intervene in the long-standing legal battle over its use of Java in Android.
"We built Android for the computer industry's long-accepted practice of reusing software interfaces that provide sets of commands that make it easy to implement common functionality – just like the computer keyboard shortcuts like pressing & # 39; control & # 39 ; and & # 39; make it easy to print, says Google chief lawyer Kent Walker in a blog post. "Android created a transformative new platform while millions of Java programmers use their existing skills to create new applications . And the creators of Java supported the release of Android and said it had "strapped another set of rockets to the community's speed". "
Java's creators were, of course, bought with Java and the rest of Sun Microsystems by Oracle in 2010. And that company is the one who has sued Google to use Java source code in Android, now the most dominant Personal computer model on the ground.
The case has gone back and forth. In 2012, a federal jury found that Google had not violated Oracle's Java patents and that the Java APIs were protected under copyright law. But by appeal, this verdict was partially reversed, as a federal appeals court found that software code was actually copyrighted.
Another attempt showed that Google's use of the Java source code was fair use, but Oracle again appealed and turned it over. This case is currently awaiting an injunction.
"The United States Constitution authorizes copyright to advance advances in science and useful art" so as not to impede creativity or promote the locking of software platforms "for walker Walker. "Leading business, technology, academia and nonprofit voices agree and have talked about the potentially devastating effects of this case."
In his filing with the Supreme Court, Google reiterates its belief that its fair use of the Java source code does not represent a copyright infringement and that its original law prevails must stand.
"Google never disputes that some computer code is eligible for copyright protection," does not file. "But Federal Circuit's criticized opinion – in an area where it has no specialized expertise – goes much further and throws a devastating one-two blow in the software industry. If allowed to stand, the Federal Circuit & # 39; s approach outweighs the long-standing expectation of software developers that they can freely use existing software interfaces to build new computer programs. Developers who have invested in learning free and open programming languages such as Java will not be able to use these skills to create new applications Platforms – a result that will undermine both competition and innovation. Because this case is an optimal vehicle for addressing the exceptionally important issues presented, the petition for certiorari should be written. "