Google thought they were in the clear with Oracle in regards to claims of copied code but now it seems in a twist of fate that things may be changing. Oracle appealed the ruling against them and it seems as though now they may have a change of winning the case. Seeking more than 1 million dollars Oracle is going after Google for the use of code which they believe Google copied to build its Android platform. The code in question is quoted as being “took the most important, the most appealing” parts of Oracle’s Java programming language which they are saying is now the basis of Android, and they are talking about 37 API’s that were used wrongfully.

In the initial case US District Judge William Alsup had ruled that the API’s that Google had used were not protected under copyright and proceeded to rule in the favor of Google. Oracle was originally seeking $6.1 billion which was ultimately reduced to $1 billion of which they ended up with nothing and they had also lost a few patent claims at the same time.

While at a hearing on Wednesday Circuit Judge Kathleen O’Malley took the side of Oracle by saying just because Java is free to use does not mean it is not protected by copyright. O’Malley went on to say that Google could have done the same with API’s from Apple and Microsoft to further prove that just because they are free to use does not mean you can copy them as a basis to build something huge off of. Google argued that they have spent millions of dollars and more than two years writing 15 million lines of unique source code for Android.

An official ruling of the appeal isn’t expected to come for a few months yet, and Google sure hopes that the ruling remains in their favor even though the tides appear to have changed a bit in the case.

[BGR]