By Jessica Gresko
WASHINGTON (AP) --The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company's creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that's part of Oracle's Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn't be written another way. But Oracle said Google "committed an egregious act of plagiarism," and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court's decision, the justices assumed "for argument's sake, that the material was copyrightable."
"But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the copyright law," he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed "Oracle's code at issue here is copyrightable, and Google's use of that copyrighted code was anything but fair."
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
The case has been going on for a decade.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in, in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956.
James Earl Jones, Lauded Actor and Voice of Darth Vader, Dies At 93
James Earl Jones, who overcame racial prejudice and a severe stutter to become a celebrated icon of stage and screen — eventually lending his deep, commanding voice to CNN, "The Lion King" and Darth Vader — has died. He was 93.
His agent, Barry McPherson, confirmed Jones died Monday morning at home in New York's Hudson Valley region. The cause was not immediately clear.
The pioneering Jones, who was one of the first African American actors in a continuing role on a daytime drama and worked deep into his 80s, won two Emmys, a Golden Globe, two Tony Awards, a Grammy, the National Medal of Arts, the Kennedy Center Honors and was given an honorary Oscar and a special Tony for lifetime achievement. In 2022, a Broadway theater was renamed in his honor.
He cut an elegant figure late in life, with a wry sense of humor and a ferocious work habit. In 2015, he arrived at rehearsals for a Broadway run of "The Gin Game" having already memorized the play and with notebooks filled with comments from the creative team. He said he was always in service of the work.
"The need to storytell has always been with us," he told The Associated Press then. "I think it first happened around campfires when the man came home and told his family he got the bear, the bear didn't get him."
Jones created such memorable film roles as the reclusive writer coaxed back into the spotlight in "Field of Dreams," the boxer Jack Johnson in the stage and screen hit "The Great White Hope," the writer Alex Haley in "Roots: The Next Generation" and a South African minister in "Cry, the Beloved Country."
He was also a sought-after voice actor, expressing the villainy of Darth Vader ("No, I am your father," commonly misremembered as "Luke, I am your father"), as... Read More