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Google Infringed Oracle Copyrights, Jury Finds, But Deals A Blow To Oracle's Quest For $1 Billion

Publication Date: 
May 07, 2012
San Jose Mercury News
Brandon Bailey

Professor Mark Lemley is quoted in the following San Jose Mercury News article by Brandon Bailey on the case between Oracle and Google and the significance of the fair use finding.

A federal jury Monday delivered a messy split verdict in the trial over Google's (GOOG) popular Android mobile software, by finding that Google infringed copyrights held by tech rival Oracle (ORCL) but failing to answer a key question that Oracle needed to press its case for nearly $1 billion in damages.

The result was a blow to Oracle's quest for a share of profits in the world's leading smartphone operating system. And it put some of the most important issues of the case back in the hands of a judge to decide.


Stanford law professor Mark Lemley, however, said it seems unlikely that the judge would rule against the "fair use" defense, because he would have to find that no reasonable jury would accept fair use. And in this case, the jury's impasse means at least some of the jury apparently did accept that defense.