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Oracle loses 'fair use' bid against Google

Oracle loses 'fair use' bid against GoogleThe high-profile Oracle-Google intellectual property took yet another turn on Wednesday when Oracle lost its `fair use' bid against Google, with U. S. District Judge William Alsup in San Francisco apparently not convinced that Google had unfairly used Java technology for developing its Android mobile operating system.

Oracle was seeking Judge Alsup's ruling in its favor on the `fair use' issue after a 12-member jury said in its Monday verdict that Google had infringed parts of Java programming language for developing Android; but the jury members remained deadlocked on whether the infringement by Google could be termed as `fair use.'

According to law, the `fair use' doctrine states that the consent of the copyrights owner is not required for using copyrighted work in some specific situations like for teaching, in news reporting and commentary, or for developing something new with the aim of advancing public interest.

Noting that `fair use' was the key aspect in determining Google's liability in the case, Judge Alsup turned down Oracle's request for a ruling which might have established that Google was liable for copyright infringement.

With the judge stating during a Wednesday hearing that, in his opinion, holding Google liable for copyright violation would probably not be right, a new trial will be needed to decide on the issue related to whether Google's infringement underscores its liability for a whopping $1 billion in damages for its allegedly `un-licensed' use of 37 Java APIs for developing Android software.