Google defeats $9bn claim over use of Java software for Android

Google’s Android software has just dodged a $9bn bullet.

A US jury found that Google did not need permission to use a rival’s programming tools as it built Android, which is now the world’s leading smartphone operating software, and a key part of Google’s multi-billion dollar Internet business.

Tech firm Oracle had claimed Google stole its intellectual property and reaped huge profits by copying pieces of its Java programming language.

But the jury in the US District Court found that Google made “fair use”, under copyright law, of Java elements that help different software programmes work together. Oracle, which had sought $9bn in damages, says it will appeal.

Google’s supporters — including other tech firms, trade associations, and the Electronic Frontier Foundation internet rights group — say an Oracle victory would hamper innovation by making software co-operation more difficult and expensive.

Google argued that because it used only a small part of Java to create Android, a much larger system of software built for a new purpose, it qualified for a “fair use” exemption from copyright.

Oracle and its allies argued that the company should be paid for the use of its code.

While Google lets smartphone manufacturers use Android software without charge, it makes billions of dollars by showing advertising to people who use Google services, including its search engine and maps, on Android devices.

The high-profile dispute was a clash of Silicon Valley titans.

While much of the trial focused on arcane aspects of computer programming, jurors heard testimony from prominent tech executives and two multi-billionaire moguls, Google co-founder Larry Page and Oracle co-founder Larry Ellison, who appeared on video.

The jury’s verdict is Google’s second victory in the case.

US Judge William Alsup sided with Google in 2012, ruling that the APIs were not protected by copyright.

An appellate court sent the case back for a second trial.

Oracle general counsel Dorian Daley said: “We strongly believe that Google developed Android by illegally copying core Java technology to rush into the mobile device market.”

Google welcomed the jury’s finding: “Today’s verdict that Android makes fair use of Java APIs represents a win for the Android ecosystem, for the Java programming community, and for software developers who rely on open and free programming languages to build innovative consumer products,” the company said.