A mixed verdict was issued today by the jury in the Oracle v. Google proceeding on the Android system and the Java language. The jury determined that Google has infringed the overall structure, sequence and organization of copyrighted works but the jury did not rule on Google’s “fair use” defence
The proceeding is taking place in several parts including an upcoming patent infringement trial. The judge has deferred a decision on whether the Java language’s overall structure, sequence and organization is even protected by copyright. The jury’s lack of a verdict on the “fair use” question may result in a mistrial. The first two questions put to the jury were:
A. Has Oracle proven that Google has infringed the overall structure, sequence and organization of copyrighted works?
B. Has Google proven that its use of the overall structure, sequence and organization constituted “fair use”?
The jury did determine that Google did infringe some specific functions within its Android system but Oracle’s damages may be limited as a result of today’s decision.