Google Also Won
5. Google won
Before Oracle starts popping champagne, though, it's important to point out
that
Google also won in the first decision. Oracle will not be allowed to seek
the $1 billion in damages. In addition, the jury could not come to a conclusion
on whether or not Google's application of the Java APIs represented "fair
use" of open-source technology. So, while Oracle might have won in
principle, Google might have won in practice.
6. Android's current functionality is at stake
Still, the battle is far from over, which means Android is still not safe.
If it's eventually determined that Google didn't have fair use access to
the APIs and subsequent decisions take aim at how Java is used in
Android, Google could very well be forced to modify Android in order to
continue offering the software.
7. The implications are major
In the event that Google is forced to modify Android to adhere to a court
order, the implications could be major. For one thing, the vast majority of
apps in the Android Market would be broken, since they rely upon Java. In
addition, Google would need to send out updates to every single Android-based
device on the market, which is no small undertaking.
8. Oracle can still get (some) cash
Although
Oracle won't be able to collect the $1 billion in damages, the company will
still have the chance to get some cash out of the search giant. In fact,
according to damages statutes that follow the determination, Oracle could be
awarded up to $150,000 for the alleged infringement, which probably doesn't
even cover a single day's cost of this very expensive litigation.
9. Licensing is still a possibility
Although Google hates the idea of it, there's a chance that this case might
eventually be decided by a licensing deal between Oracle and the search
company. After all, if the case lags on indefinitely, it might be cheaper for
Google to simply license Java from Oracle. In addition, if Google loses the
case, it's better to license Java than to modify Android. Licensing is still a
very real possibility.
10. It's not even close to being over
Lastly, everyone should realize that the case between Google and Oracle is
far from over. Right now it looks like neither side is willing to play nice
with the other. The easy decisions that could result in an end to this
lawsuit, like a negotiated licensing deal, won't happen until one side or
another realizes that they aren't going to get a court decision that gives them
what they want. There's a very real possibility that the case between Oracle
and Google could span the next several years. Don't believe it? Consider Google's
bitter battle with Viacom.
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