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Judge hands Google victory in Oracle copyright fight
by Staff Writers
San Francisco (AFP) May 31, 2012


A federal judge on Thursday put a stake in the heart of Oracle's big-money lawsuit against Google by ruling that the application programming interfaces (APIs) at issue can't be copyrighted.

The decision by US District Court Judge William Alsup came a week after a trial ended with jurors clearing Google of patent and copyright abuse charges leveled by the California business software titan.

Jurors ruled that Google violated copyrights owned by Oracle Corp. for the Android mobile platform but were unable to decide on a key point of whether Google's use of the Java software was "fair use" that made it acceptable.

Alsup had told the jurors to assume, for the sake of deliberations, that APIs could be copyrighted but reserved for himself the right to make the legal decision in that regard.

Oracle's challenge of Google in court over copyrights was an unusual tactic being watched intently in Silicon Valley.

In the fast-paced land of Internet innovation, it has been common for software writers to put their own spins on APIs that mini-programs use to "talk" to one another.

Oracle argued, to a degree, that it held copyrights to how the APIs worked even if different strings of code were used to orchestrate the tasks.

"When there is only one way to express an idea or function, then everyone is free to do so and no one can monopolize that expression," Alsup said in his ruling.

"So long as the specific code used to implement a method is different, anyone is free under the Copyright Act to write his or her own code to carry out exactly the same function or specification of any methods used in the Java API."

Oracle accused Google of infringing on Java computer programming language patents and copyrights Oracle obtained when it bought Java inventor Sun Microsystems in a $7.4 billion deal in 2009.

Google denied the claims and said it believes mobile phone makers and other users of its open-source Android operating system are entitled to use the Java technology in dispute.

Google unveiled the free Android operating system two years before Oracle bought Sun.

Jurors, and now the judge, have sided with Google in the case.

"The court's decision upholds the principle that open and interoperable computer languages form an essential basis for software development," Google said in an email response to an AFP inquiry.

"It's a good day for collaboration and innovation."

Oracle criticized Alsup's ruling and vowed to appeal.

"Oracle is committed to the protection of Java as both a valuable development platform and a valuable intellectual property asset," spokeswoman Deborah Hellinger said in an email statement.

"It will vigorously pursue an appeal of this decision in order to maintain that protection."

Hellinger contended that Alsup's ruling undermines "protection for innovation and invention" in the United States.

Alsup was careful to narrow his ruling to the 37 APIs at issue in Oracle's lawsuit against Google.

"This order does not hold that Java API packages are free for all to use without license," Alsup said in a written conclusion to his 41-page decision.

"It does not hold that the structure, sequence and organization of all computer programs may be stolen," he continued.

"Rather, it holds on the specific facts of this case, the particular elements replicated by Google were free for all to use under the Copyright Act."

In a unanimous decision last week, 10 jurors agreed that Oracle had failed to prove its claims that Google infringed on Java software patents in Android operating software for smartphones and tablet computers.

Oracle had been seeking billions of dollars in damages from Google based on the copyright and patent claims.

The outcome of the trial leaves California-based Oracle eligible for a relative pittance in damages based jurors finding that it misused nine lines of Java code in Android in an inconsequential win for Oracle.

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Megaupload wants piracy charges dismissed
Washington (AFP) June 1, 2012 - Megaupload has filed papers in US District Court to dismiss the federal government's massive online piracy case against the file-sharing website and its founder, Kim Dotcom.

"Megaupload believes that the US didn't follow the rules," Megaupload and Dotcom lawyer Ira Rothken told AFP, stressing that the company was based in Hong Kong.

"The rules in this instance didn't allow a foreign corporation to be served and indicted as it has not have a presence in the US. We believe the law is clear in that issue, and we're asking the court to dismiss the case."

Megaupload's lawyers filed a motion on Wednesday urging the court to dismiss the charges against the company and executives.

The US indictment alleges Megaupload and related file-sharing sites netted more than $175 million and cost copyright owners more than $500 million by offering pirated copies of movies, TV shows and other content. US authorities allege Dotcom earned $42 million from his file-sharing websites in 2010 alone.

"The court should dismiss the indictment against Megaupload to prevent any further injustice," the company's filing said.

"Megaupload now finds itself in a state of abeyance, with no end in sight."

It also called for authorities to unfreeze the website's assets so that the company can pay the 30 lawyers who have assured its defense for free from New Zealand to the United States, as well as in Hong Kong, Canada and Europe.

A hearing to examine the request is due to be held June 29 at the US District Court for the Eastern District of Virginia in the city of Alexandria. The judge's ruling could impact an August extradition hearing in Auckland.

"There's no justification to keep Megaupload's assets frozen, and we believe that the court is going to make a reasonable amount of assets available to pay defense costs," Rothken said.

US authorities have seized $50 million in Megaupload assets.

Dotcom and his co-defendants, who were arrested when New Zealand police raided the Internet tycoon's sprawling Auckland mansion on January 20, deny any wrongdoing and have vowed to fight the charges.

They are on bail as they await a court bid in August to extradite them to the United States.

Dotcom, who legally changed his name from Kim Schmitz, has denied any wrongdoing and vowed to fight extradition, labeling the case against him "misleading and malicious."



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US officials, others say no to UN Internet control
Washington (AFP) May 31, 2012
US officials, lawmakers and technology leaders voiced firm opposition Thursday to efforts to bring the Internet under UN control, saying it could hurt free expression and commerce. At a congressional hearing, the comments were united in opposition to place the Internet under the jurisdiction of the International Telecommunications Union, a United Nations agency which governs telecom systems. ... read more


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