With a retrial scheduled for May, Oracle and Alphabet’s Google unit have failed to settle the long running copyright lawsuit over illegally copying a key part of the Java platform into its Android operating system. According to a court docket the case is how much copyright protection should extend to the Java programming language, which Google used for Android.
Google has denied any wrongdoing. It says that its use of Java is protected by the legal doctrine of “fair use, ” which permits copying in some circumstances.
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Google says it should be able to use Java without paying any fee. While Oracle is seeking $9.3 billion for the use of some of the Java language. $475 million in damages in addition to $8.8 billion relating to “profits apportioned to infringed Java copyrights.”
Media reports said that the CEO of both companie, Oracle’s Safra Catz and Google’s Sundar Pichai met for six hours on friday, April 15, in an attempt to stave off retrial next month. U.S. magistrate in San Jose, California, Judge Paul Grewal, who mediated the talks wrote in a brief statement that the talks were unsuccessful.
Grewal reportedly said, “After an earlier run at settling this case failed, the court observed that some cases just need to be tried. This case apparently needs to be tried twice.”
Java was developed by Sun Microsystems which was acquired by Oracle in 2010.
The jury was deadlocked on Google’s fair use defence at a trial in San Francisco federal court in 2012.
