Oracle Wins Revival of Billion-Dollar Case Against Google
It may be helpful for readers to look at the actual meat and potatoes of the decision itself. I recommend jumping in at Page 27 of the decision so that they can see how the fair use factors were evaluated in this case: 
<a href="http:&#x2F;&#x2F;www.cafc.uscourts.gov&#x2F;sites&#x2F;default&#x2F;files&#x2F;opinions-orders&#x2F;17-1118.Opinion.3-26-2018.1.PDF" rel="nofollow">http:&#x2F;&#x2F;www.cafc.uscourts.gov&#x2F;sites&#x2F;default&#x2F;files&#x2F;opinions-or...</a><p>Fair use has four factors, lets see how it shook out:<p>1) Purpose and Character:
Google tried to argue that because android is free that it isn&#x27;t commercial. Bzzt. Nope. You don&#x27;t need direct monetization to make something commercial.<p>Was it transformative? They verbatim copied shit. Google claimed it was transformative because they used it in <i>smartphones</i>, yo. No. You guys who think patents that slap &quot;but use a computer to do it&quot; onto the end of some existing process are bad? Google&#x27;s trying to say the same thing per computer <i>form factor</i>.<p>2) Nature of the Copyrighted Work:
Dealt with previously - APIs are copyrightable. Lots of people have an issue with this, but the previous opinions on that point are where you should go for material on that point.<p>3) Amount and Substantiality:
Bad faith usage came out around neutral; wasn&#x27;t a huge amount copied but it was important material, as admitted by Google themselves.<p>4) Effect on Work&#x27;s Value:
Direct evidence of market harm demonstrated by showing that Amazon leveraged Google&#x27;s infringement to lower their license payment. Slam dunk.<p>Overall, I agree with the other posters indicating that once API copyrights were upheld that this was going to be a clear loser for Google. Maybe they&#x27;ll get cert and have the supreme court take a look at this following the re-trial.