Good day for Google... so far
The jury were not "deliberating over the weekend" - they were sent home Friday and told not to discuss. They continued deliberating Monday and reached a partial verdict.
The judge had earlier reserved to himself the decision on whether the "'structure sequence and organization" (SSO - in other words, the APIs of the disputed 37 packages) are copyrightable. For the purposes of question #1 he instructed the jury to assume SSO is copyrightable therefore the jury could hardly do anything else but find for Oracle.
Q1. As to the compilable code for the 37 Java API packages in question taken as a group:
Q1 (a) Has Oracle proven that Google infringed the overall structure, sequence and organization of copyrighted works. YES.
Q1(b). The jury could not decide if Google's use of the SSOs constituted fair-use or not.
Oracle made a point of shifting their accusations late-on to the Java API documentation - as most of us know this is generated by javadoc.
Q2. As to the documentation for the 37 Java API packages in question taken as a group:
Q2(a). The jury found Google did not infringe.
Q2(b) moot (no need to decide).
Q3 Google had already conceded it copied the following, the only issue to decide was if the use was de minimis (and therefore non-infringing).
Q3(a). Google DID infringed for the rangeCheck() method in TimSort.java and ComparableTimSort.java.
Q3(b). Google DID NOTinfringe for source code in 7 "Impl.java" files and onr "ACL" file.
Q3(c). Google DID NOT infringe for the English language comments in CodeSourceTest.java and CollectionCertStoreParametersTest.java.
Q4. An advisory for the judge. If Q1(a) is found for Oracle then...
Q4(a). Has Google proven that Sun and/or Oracle engaged in conduct Sun and/or Oracle knew or should have known would reasonably lead Google to believe that it would not need a license to use the structure, sequence and organization of the copyrighted compilable code. YES.
Q4(b) If so, has Google proven that it in fact reasonably relied on such conduct by Sun and/or Oracle in deciding to use the structure, sequence and organization of the copyrighted compilable code without obtaining a license. NO
Q4(b) is irrelevant if the judge finds that SSOs (APIs) are not copyrightable. If he finds they are copyrightable, well Google's loss is the least of your worries since it means that if upheld on appeal that the American software industry will implode as originators of APIs begin suing others using those APIs.
Google is putting forward a motion for mistrial based on Q1(b) not being answered. The basis of the appeal will likely be that it is established case law that all parts of a question should be answered.
If you thought the USA's software patent situation absurd, copyrightable APIs will have you retiring to a quiet cave with plenty of provisions whilst USA goes into meltdown.