The jury finally reached its verdict in the Oracle v. Google trial, but failed to reach an agreement on one of the most important elements of Oracle’s claim. The jury could not agree on the issue of whether Google’s use of the Java code constituted fair use in the infringement case.
Interestingly enough, Judge Alsup advised the sides “that there is “zero finding of copyright liability” without a fair-use verdict,” essentially cutting Oracle’s claim for damages to mere hundreds of thousands, rather than hundreds of millions. According to Bloomberg, Judge Alsup isn’t likely to consider and rule on the issue of fair use, since “there are arguments that go both ways on that.” Uh oh for Oracle.
Google is still waiting for one more victory, since Judge Alsup hasn’t ruled on the issue of whether Java technology (code) is copyrightable. This could be a second nail in Oracle’s coffin, which would relieve Google of any liability.