Google confirmed that it wants a new trial on the copyright portion of a legal battle being fought with Oracle in San Francisco federal court.
Jurors this week ruled that Google's Android operating system for smartphones violated Java software copyrights but deadlocked when it came to the pivotal question of whether it constituted "fair use" that made it acceptable.
Jurors this week ruled that Google's Android operating system for smartphones violated Java software copyrights but deadlocked when it came to the pivotal question of whether it constituted "fair use" that made it acceptable.
If Google's use of copyrighted Java application programming interfaces (APIs) in Android was fair use, Oracle would deserve no damages from the Mountain View, California-based Internet firm under the law.
Google late Tuesday filed a motion asking US District Court Judge William Alsup to declare a mistrial in the copyright phase of the trial and have both questions presented to a new jury in a retrial.
Alsup on Wednesday was presiding over a second phase of the trial devoted to claims by Oracle that Google violated Java patents in Android software.
Adding to the complexity of the case, Alsup has gone on record reserving the right to make the ultimate decision whether APIs can even be copyrighted. The judge told jurors to assume so for the sake of deliberations.
Oracle lawyers are proposing that both sides in the case leave the "fair use" question to Alsup rather than have a new trial.
Oracle's challenge of Google in court over copyrights was an unusual tactic being watched intently in Silicon Valley.
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