Oracle appears to have opened its campaign for a third trial over its claims its copyrighted Java core library code was ripped off in Google's Android.
In May this year, a jury ruled in favor of Google, saying that Google's infringement of Oracle's copyright was fair use. Now the database software giant's lawyers are trying to get that result overturned.
Oracle attorney Annette Hurst is reported (here and here) to have told district judge William Alsup in San Francisco, California, on Wednesday, that Google hadn’t – at the time of the second trial – disclosed its plans to put Android apps "on millions of consumer desktops and laptops."
That, according to Oracle, would be a game changer that challenges Java SE – aka Java on the desktop. According to the Courthouse News Service, Hurst asked that Alsup overturn the "fair use" verdict of the second trial on that basis.
"They worked on it for months in secret," CNS quoted Hurst as saying. "They knew it. Google had an obligation to disclose it, and it was a game changer."
Hurst was referring to Google’s May 19 announcement this year that Android apps in the Google Play store could be installed were on Chromebooks. May 19 was also the day Oracle wrapped up its evidence presentation for the second trial.
In other words, right after Oracle finished up, Google said it was going to allow Android apps to run on desktop machines, meaning Android's infringement of Oracle's copyright would extend beyond smartphones and tablets.
Google's attorney Christa Anderson, however, reportedly retorted on Wednesday that Oracle had referenced the Android App Runtime for Chrome (ARC) in its pre-trial expert reports at the time and said nothing stopped Oracle from cross-examining Google's witnesses about ARC. Oracle's legal team shot back, telling the court that the ARC demonstrated during the second trial did not target desktops and laptops – that was a surprise strategically held off by Google, allegedly. ®