While we wait to see what the jury has to say about the two remaining patents, let's take a closer look at what the jury decided. They said that Google’s Android mobile platform infringed on part of the Java programming language. So, could this be, as one writer would have it, “be a major blow to Android, Google's mobile operating system?” Nope.
You see the jury, however, couldn't decide if Google's violations of Java and its application programming interfaces (API)s were actually OK because its use of them in Android fell under fair use. Ack!
Google also claimed that pending further rulings by Judge Alsup, there is "zero finding of copyright liability" outside of nine lines of code—nine lines that Oracle has attributed "no value" to in its damages report.
Those nine lines of code? Not counting the APIs, which the jury has awarded Oracle, is all Oracle has that was “copied” from Java into Android. Amazing isn't it?
Whether Alsup grants a mis-trail or not isn't really material though. Regardless of who won, lost, or drew this case, it was destined to be appealed. After all, does anyone seriously think a jury made up of, among others, of a plumber, a nurse, a retired photographer, and a postal worker was going to get the final word on a major IP lawsuit involving two of the largest companies in the world? I don't think so.
And, indeed, this is just the kind of bad decision you'd expect from a jury in a case over its head. As it is, they've decided that APIs can be copyrighted but that, in the case of Java, they can't decide if anyone using them can actually get into any trouble.