Oracle v Google Copyright Trial in Progress
July 22, 2016
The battle between Google and Oracle over Android’s use of Java has gone to federal court, and the trial is expected to conclude in June. CBS San Francisco Bay Area reports, “Former Google CEO Testifies in Oracle-Google Copyright Trial.” The brief write-up reveals the very simple defense of Eric Schmidt, who was Google’s CEO while Android was being developed (and is now CEO of Google’s young parent company, Alphabet): “We believed our approach was appropriate and permitted,” he stated.
Java was developed back in the ‘90s by Sun Microsystems, which was bought by Oracle in 2010. Google freely admits using Java in the development of Android, but they assert it counts as fair use—the legal doctrine that allows limited use of copyrighted material if it is sufficiently transformed or repurposed. Oracle disagrees, though Schmidt maintains Sun Microsystems saw it his way back in the day. The article tells us:
“Schmidt told the jury that when Google was developing Android nine years ago, he didn’t believe the company needed a license from Sun for the APIs. “We believed our approach was appropriate and permitted,” he said.
“Under questioning from Google attorney Robert Van Nest, Schmidt said that in 2007, Sun’s chief executive officer Jonathan Schwartz knew Google was building Android with Java, never expressed disapproval and never said Google needed a license from Sun.
“In cross-examination by Oracle attorney Peter Bicks, Schmidt acknowledged that he had said in 2007 that Google was under pressure to compete with the Apple Inc.’s newly released iPhone.”
Yes it was, the kind of pressure that can erode objectivity. Did Google go beyond fair use in this case? The federal court will soon decide.
Cynthia Murrell, July 22, 2016
Sponsored by ArnoldIT.com, publisher of the CyberOSINT monograph
There is a Louisville, Kentucky Hidden Web/Dark
Web meet up on July 26, 2016.
Information is at this link: http://bit.ly/29tVKpx.
Google Books Is Not Violating Copyright
November 12, 2015
Google Books was controversial the moment it was conceived. The concept is simple and effective though: books in academic libraries are scanned and snippets are made available online. People have the ability to search Google Books for specific words or phrases, then they are shown where it is contained within a book. The Atlantic wrote, “After Ten Years, Google Books Is Legal” about how a Second Circuit judge panel ruled in favor of Google Books against the Authors Guild.
The panel ruled that Google Books fell under the terms of “Fair Use,” which as most YouTubers know, is the ability to use a piece of copyrighted content within a strict set of rules. Fair usage includes works of parody, academic works, quotations, criticism, or summarization.
The Authors Guild argued that Google Books was infringing upon its members copyrights and stealing potential profits, but anyone knows that too much of a copyright is a bad thing. It places too many limitations on how the work can be used, harming the dissemination of creative and intellectual thought.
“’It gives us a better senses of where fair use lies,” says Dan Cohen, the executive director of the Digital Public Library of America. They “give a firmer foundation and certainty for non-profits…Of all the parts of Judge Leval’s decision, many people I talked to were happiest to see that it stressed that fair use’s importance went beyond any tool, company, or institution. ‘To me, I think a muscular fair use is an overall benefit to society, and I think it helps both authors and readers,’ said Cohen.”
Authors do have the right to have their work copyright and make a profit off it, which should be encouraged and a person’s work should not be given away for free. There is a wealth of information out there, however, that is kept under lock and key and otherwise would not be accessed with a digital form. Google Books only extends a book’s reach, speaking from one who has relied on it for research.
Whitney Grace, November 12, 2015
Sponsored by ArnoldIT.com, publisher of the CyberOSINT monograph
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