From PC World: Oracle and Google’s fierce court fight over the code inside Android went to a jury on Monday after closing arguments that sharply differed on the most basic issues.
The federal jury in San Francisco is now deciding whether Google’s use of copyrighted Java code constitutes fair use, an exemption that would free the company from having to pay Oracle damages.
At issue is "declaring code" that's part of 37 Java APIs Google used. Google says it simply used selected parts of Java to create something new in the form of Android.
“What fueled the success of Android is all the things that went into it that are new and different,” said attorney Robert Van Nest of Keker & Van Nest, representing Google.
That makes Android a transformative work, so it’s a fair use of the copyrighted code, Van Nest said. He also gave other reasons it’s fair use, including that Google only used a small part of Java, that Android isn’t a substitute for Java and that its use of the code didn’t harm the market for Java.
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