Google v. Oracle Supreme Court Decision
The Supreme Court of the United States ruled yesterday in the case Google LLC v. Oracle America Inc. that Google would prevail in Oracle’s 2010 lawsuit regarding Google’s use of Java in the Android operating system. Citing that it was “fair use” for Google to have copied the API (Application Programming Interface) of the Java Programming Language. I don’t think that the Justices were fully aware of the consequences of their decision and stated categorically that their assumption was that Oracle’s copyright of Java was valid. And therefore their ruling only applied to the API and did not violate their understanding of copyright. I believe that this separation of copyright and API is valid and will hold copyright holders to the same rights and privileges they’ve always had. The consequences of this decision will have significant implications towards software developers, developments in general, software in general and the software user overall. An important consideration in this discussion is that most object oriented software code is freely accessible, subject to the license requirements upon download. Signing the license and downloading it are your agreement to uphold these requirements which state that the Java Programming Language is free to use, however, any revenues generated from those derivative works would be subject to a royalty payable to Oracle. Oracle has received payments from every other developer on this basis but not Google.
It came down to what the definition of an API is and what is it for. In the past programming code was procedural and all aspects of the software application including menu items, features and variables were all included in the one holistic software code base. Think of the computer just processing through a loop of code from beginning to end and then starting over and over. The issue was when software became more capable and usable bugs creeped in and caused the application itself to become unusable. Limiting the upside in terms of software developments capabilities. Java built upon the concept of object oriented programming that was introduced a few decades earlier. It was conceptually that each of the components of a program were broken down to the individual features and implemented within one object. Think of building a program with Lego bricks. Therefore isolating the bugs and issues to the objects that were unable to function as desired. Each object is unaware of any other object's existence however can access other objects capabilities through methods and other features of the programming language. Packaging of a comprehensive feature set of objects into a framework for others is one of the desired capabilities of object oriented programming. The calling of Java is write once, run anywhere. The redundancy of having to rewrite the same code over and over again in procedural programming was a major hindrance to the development, quality and speed of the deliverability of software applications.
Object reusability became the focus of all developers. If you could access a framework that conducted the necessary work you needed, all you needed to do was access that framework’s API. The API provided the doorway to the published code of the framework that someone spent a significant amount of time and money developing. The code had become tried and tested, was generally what was needed and because it was object oriented, was extendable by any object based developers, and here’s the necessary requirement, through the license of the frameworks copyright holder. The API they were providing was a doorway to facilitate ease of use and understanding in how to use the framework. What the Supreme Court did yesterday was to effectively eliminate the copyright protection on the API. Saying Google’s use of the API was fair use is ridiculous when the Justices also indicate that Android had provided over $42 billion in revenue to Google. This is wholly inconsistent with the concept of fair use. Fair use doesn’t permit the generation of revenues off others' works. The API doorway will now be effectively closed. It will be replaced with a drawbridge, and a moat will be built around the framework for any developer to enter. Partial compensation will probably be necessary as a down payment to sign the license and access the framework. Licensing will be far stricter.
One of the consequences of this is the object oriented programming languages will cease to be as effective in developing software efficiently, effectively and affordably. Royalties will be higher to access the frameworks and content of those who own valuable copyrighted material. Think Microsoft, IBM, Google and all of the other software companies that were proponents of Google in this action. Content will be king and everyone will have to pay dearly for it. Developers work will be more constrained as access to the necessary frameworks will be a legal process that precedes their access and possibly have to pick through the copyrighted materials themselves to find what it is they’re looking for and how to use it. Ease of use through the API isn’t available.
Oracle is our technological provider. We use the entire Oracle product suite as the technology base of the Preliminary Specification. This includes Java, as well as many other products written in Java. It is reasonable to assume that much of this code may also be licensed from other software providers who are allowing licensed access to Oracle for its use through their API. I anticipate this will affect our development of the Preliminary Specification in detrimental ways. As the copyright holder of the Preliminary Specification we own that content and it is unaffected by this decision. We will not be publishing any API’s at any point. We also have expectations that our costs will escalate due to the superfluous legal necessities this unnecessarily causes. Our ability to access API’s for our convenience will be a doorway that is no longer open to us. And as object based developers this will have a time and monetary impact on our development.
It is therefore at this time. A time in which we are asserting maximum pressure on the producers for them to act and fund the Preliminary Specification. That an amendment to our budget is necessary. We are therefore adding an additional $1 billion cost to the development costs as a result of the Supreme Court's decision. Based on the allocation of our margins this will require an incremental $3 billion be added to our budget for a total of $15 billion U.S. I am also cautioning, as the effects of this decision become more clear, our budget may be further clarified and amended.
The Preliminary Specification, our user community and service providers provide for a dynamic, innovative, accountable and profitable oil and gas industry with the most profitable means of oil and gas operations, everywhere and always. Setting the foundation for profitable North American energy independence. People, Ideas & Objects have published a white paper “Profitable, North American Energy Independence -- Through the Commercialization of Shale.” that captures the vision of the Preliminary Specification and our actions. Users are welcome to join me here. Together we can begin to meet the future demands for energy. Anyone can contact me at 713-965-6720 in Houston or 587-735-2302 in Calgary, or email me here.