Google, Oracle setting up jurors to fail in API copyright retrial, judge says

(credit: Seabamirum)

One of the tech sector's biggest upcoming trials-Oracle v. Google-careened Tuesday away from the hot-button topic of copyrighting application programming interfaces (APIs) and instead focused on the presiding judge's concern that the tech giants are setting up jurors to fail. US District Judge William Alsup believes it's all so the loser could challenge the verdict of the second upcoming trial set for May.

Judge Alsup said Tuesday that the tech giants jointly submitted a proposed questionnaire (PDF) for prospective panelists containing "so many vague questions" that "the loser on our eventual verdict will seek, if history is any guide, to impeach the verdict by investigating the jury to find some 'lie' or omission during voir dire."

(credit: Richard Liu)

Voir dire is the part of the case in which lawyers question potential jurors about their backgrounds and biases. And the case is being closely watched by the tech sector and developer community given the high stakes. Oracle is seeking $1 billion in damages after successfully suing the search giant for infringing Oracle's Java APIs that were once used in the Android operating system. A federal appeals court has ruled (PDF) that the "declaring code and the structure, sequence, and organization of the API packages are entitled to copyright protection." The decision reversed the outcome of the first San Francisco federal trial heard before Alsup in 2012.

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