“Google won a verdict that an unauthorized, commercial, competitive, harmful use of software in billions of products is fair use. No copyright expert would have ever predicted such a use would be considered fair. Before celebrating, developers should take a closer look. Not only will creators everywhere suffer from this decision if it remains intact, but the free software movement itself now faces substantial jeopardy.”
See Op-ed: Oracle attorney says Google’s court victory might kill the GPLWhew! A lawyer emitting such foolish ignorant statements as a result of a loss in the heat of the moment is understandable but this is in public on the web.
First, Google didn’t make billions of copies of Oracle’s APIs, just one copy into the SDK which may have gone to a few thousand developers. SUN/Oracle made a particular implementation of those APIs available, but Google replaced that with their own. The issue shouldn’t have been fair use at all but the difference between an idea, the API, not copywriteable, and the implementation which is. Oracle fooled a court on that point but could not fool one on fair use. Oracle can’t tell the world we are free to use Java and the try to punish folks for doing so. That’s not fair.
The issue’s not about the GPL at all. No one can legally copy GPLed software and distribute it without compliance. That’s obvious to everyone except Oracle.