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It's not accurate to say Oracle lost on fair use. What they lost on was their motion to have the judge rule on fair use as a matter of law.



Oracle didn't lose on fair use for all time, but they've effectively lost for now. They didn't defeat Google's fair use defense as a matter of fact (because the jury hung) and the judge refused to rule as a matter of law. Beyond a new trial or an appeal, what else could Oracle do?


Oh, that makes more sense I couldn't parse the article. So without a ruling then it has to be retried by a jury.


Alternatively, the judge can rule that APIs are not copyrightable, making the issue of fair use moot. I personally believe that this is what will happen, but it remains to be seen.




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