The jury in the ongoing copyright infringement litigation between Oracle and Google returned a verdict today in favor of Google. This welcome verdict renders moot my earlier post about Google’s equitable estoppel defense, which would have come into play had the jury ruled against Google.
Because the decision was rendered by a jury, rather than a judge, there is no opinion—just a one word answer to a one word question on a special verdict form. The question is: “Has Google shown by a preponderance of the evidence that its use in Android of the declaring lines of code and their structure, sequence, and organization from Java 2 Standard Edition Version 1.4 and Java 2 Standard Edition Version 5.0 constitutes a ‘fair use’ under the Copyright Act.” The jury then had to answer unanimously “yes” for Google or “no” for Oracle. The ten jurors answered unanimously “yes” for Google.