Could Oracle's lawsuit be sunk by bad paperwork?
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The result? While Oracle is still entitled to a copyright of Java as a whole, they would not be able to assert protection for individual APIs (a claim that was already contentious and is largely without precedent). That would mean the majority of Oracle's claims may be dismissed, and Oracle would be in the much more difficult position of trying to claim that Google stole Java as a whole. Google has filed a rule 50 motion, requesting that Oracle’s claim to the 37 APIs at stake be dismissed “as a matter of law”, since there would be no legal basis to assert them. Judge Alsup may rule on the motion as early as this afternoon.
As if to prove that when it rains it really does pour, The Verge reported this morning Google introduced evidence from the U.S. Copyright Office indicating they have no record of what Oracle submitted to them on Java. How can that be? Apparently in one case a disk was submitted but turned out to be blank, and in a second case the U.S. Copyright Office says they have no record of a disk being submitted at all.
We all know that physical media can go bad, but it doesn’t generally disappear into thin air. If this holds up it could be devastating to Oracle's attempt to win a large paycheck from Google. Oracle wouldn't lose its copyright in this situation (simply publishing a work grants you a copyright) but if you don’t register your work properly with the Copyright Office you are generally not entitled to trumped-up punitive damages.
So the TL;DR version is this: Oracle may be forced to drop their individual API copyright claims (which is most of the copyright case) and even if not they may not be able to ask for anything more than “actual damages” given their apparent failure to properly register their works with the U.S. Copyright Office.
I’d really hate to be the person(s) whose job it was to burn those disks and ship them off, wouldn’t you?
sources: Groklaw, The Verge
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13 Comments
1. tluv00 posted on 26 Apr 2012, 12:50 5 0
If they are still working someone at Oracle is about to get fired.
2. windowsRocks posted on 26 Apr 2012, 13:01 2 0
Android is becoming a source of Income right from an individual to big tech giants. Oracle is not an exception for that.
3. theBankRobber posted on 26 Apr 2012, 13:10 5 0
Should have taken the lump sum from Google , now they are about to leave with nothing.
5. Droid_X_Doug posted on 26 Apr 2012, 13:38 7 0
Yup-per. As I posted in an earlier article, time for Oracle (and Larry) to wave buh-bye to the Android ship as it pulls away from the Oracle dock.
4. kshell1 posted on 26 Apr 2012, 13:15 8 0
In my opinion Google took Java and implemented it into their OS not stole it entirely. Oracle's claims are stupidity to an extreme.
7. PackMan posted on 26 Apr 2012, 14:14 4 0
Oracle has dug themselves into a hole. This case is now done and dusted, as it should have been from the get go.
8. jbash posted on 26 Apr 2012, 14:37 4 0
As if to prove that when it rains it really does poor. correct spelling is pour.
9. casbah70 posted on 26 Apr 2012, 15:11 5 0
correct spelling is 'pour' but 'poor' seems an accurate description of Oracle's direction.
10. master0fursinz posted on 26 Apr 2012, 18:56 0 0
maybe the guy who was in charge of this matter got wind of a pink slip and got lazy for the rest of his time there and left it all up to fate, and as fate would have it oracle is getting bad karma for letting go an employee that might have been working for them for a long time.
11. Devon posted on 26 Apr 2012, 19:16 2 0
Hey Florian! You reading this? Where's your phoenix from the ashes now? Where's the 6 Billion guaranteed for Oracle your Boss?
12. jroc74 posted on 26 Apr 2012, 19:52 1 0
If this really is the case....seeing as how much money they wanted ....you would think someone would have crossed the T's and dotted the I's a lil more carefully...
