[GTALUG] Google wins over Oracle in Java API copyright suit

[D. Hugh Redelmeier]

| To: D. Hugh Redelmeier <hugh at mimosa.com>, GTALUG Talk <talk at gtalug.org>

| From: Russell Reiter via talk <talk at gtalug.org>

| On Tuesday, 6 April 2021, D. Hugh Redelmeier via talk <talk at gtalug.org>
| wrote:

| Quite so. In Oracles case I believe the issues of patent were tossed right
| away leaving only the issue of copyright

I said so in the first message on this thread.

But you brought up drugs, so off we go on a different tangent.

| > There are a few tests for US Fair Use.  Do you think that
| > "transformative" is the same as you meant by "adds value"?
| >
| > <https://en.wikipedia.org/wiki/Transformation_(law)>
| 
| I believe the article indicates in this case and most likely for those
| similar to it, the test is twofold. The issue of the facts is for the jury
| to decide, the issue of law is for the judge.

There are issues of fact and issues of law.  That is a potential in any 
legal case.

In tests for US fair use, there are four major factors, with sub-parts
<https://en.wikipedia.org/wiki/Fair_use#U.S._fair_use_factors>


| I believe that for educational purposes a school may copy the entire text
| of a play for the drama department, which the students may then use for
| their schools production.

I don't think that that is the case.  I think that it is wishful thinking.  
But I might be wrong.

In Canada, there is special fund paid to copyright holders as compensation 
for certain kinds of educational use.  I think that it is organized by
Access Copyright (but I could be confused)
<https://www.accesscopyright.ca/>

| This might be why this case took ten years to settle. There were quite a
| number of equitable factors to be considered.

Appeal after appeal and then a retrial and more appeals seems a more
likely reason for delay.

| There is the concept in natural law that just because you have an idea,
| that doesn't necessarily make it only your own.

"Intellectual Property" is an invention of mankind.  It is not natural
law.