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VOA慢速英语2021--谷歌在美国最高法院版权案中战胜甲骨文

时间:2021-04-14 01:38来源:互联网 提供网友:nan   字体: [ ]
    (单词翻译:双击或拖选)

The U.S. Supreme1 Court ruled for Google this week in a major copyright case involving software company Oracle2.

The two American technology companies were in a dispute over several thousand lines of computer code written by Oracle. The company said that Google had violated U.S. copyright law by copying the computer commands within one of its software products.

Google added the Oracle code to its own while developing the Android operating system. The code was used to create an application software interface3, or API, for Android. APIs are the pieces of code that permit programs and apps to work together.

Software developers have created millions of apps for Android. The operating system now powers more than 70 percent of the world's mobile devices.

The Android system was released in 2007. To build it, Google wrote millions of lines of new computer code. But it also used about 11,500 lines of code copyrighted as part of Oracle's Java programming language. Oracle brought legal action against Google for violating its copyright and sought billions of dollars in payment.

In a 6 to 2 decision, the U.S. Supreme Court overturned a lower court's ruling that Google's use of Oracle's code in Android was a copyright violation5. Instead, the court ruled that Google's copying was lawfully6 permitted as "fair use."

In his opinion for the court's majority, Justice Stephen Breyer wrote that Google's copying "took only what was needed" and was "transformative." This is a word the court has used to describe copying "that adds something new and important."

The legal dispute had continued in several courts for 10 years. Google won the first case when a judge rejected Oracle's copyright claim. But that ruling was overturned by an appeals court. A jury then sided with Google, but an appeals court again disagreed.

Google had argued that it did not copy a computer program, but only used elements of the Java language in the development of its Android API. It added that using code in such a way had become common in the technology industry and that the practice was good for technical progress.

Google further explained that there can be no copyright protection for the purely7 operational, noncreative computer code it used.

In a statement after the ruling, Oracle's executive vice4 president and general legal counsel, Dorian Daley, strongly disagreed with those arguments. She said Google "stole Java" and spent 10 years pressing its legal case "only as a monopolist can."

"This behavior is exactly why (governments) around the world and in the United States are examining Google's business practices," Daley added.

Google's senior vice president for global relations, Kent Walker, praised the court's ruling. "The decision gives legal certainty to the next generation of developers whose new products and services will benefit" the public, he said.

Justice Clarence Thomas gave a dissenting8 opinion for the court that was joined by Justice Samuel Alito. The opinion said the court should have supported Oracle's copyright. It called the ruling "anything but fair" and noted9 that Apple and Microsoft had not copied to create their mobile operating systems.

Thomas wrote that the decision will harm competition. He argued the ruling will make it easier for "companies to "freely copy libraries of declaring code whenever it is more convenient than writing their own." This, Thomas argues, will leave companies less willing to heavily invest as Oracle did to create "well-organized libraries" to compete with Android.

Matt Schruers is president of the Computer & Communications Industry Association. He praised the Supreme Court's ruling and said an Oracle victory would have harmed competition. He said that permitting fair use of programming elements will help technology companies create "competing, interoperable" products.

Words in This Story

copyright – n. the legal right to be the only one to reproduce, publish, and sell a book, musical recording10, etc., for a certain period of time

code – n. a set of rules used to instruct computers how to behave or do things

app – n. a program that runs on a computer or mobile phone that performs a special function

transformative – adj. causing a major change to something

monopoly – n. complete ownership or control of something

benefit – n. a helpful or good effect

convenient – adj. suitable for a purpose or need

interoperable – adj. able to be used together effectively


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1 supreme PHqzc     
adj.极度的,最重要的;至高的,最高的
参考例句:
  • It was the supreme moment in his life.那是他一生中最重要的时刻。
  • He handed up the indictment to the supreme court.他把起诉书送交最高法院。
2 oracle jJuxy     
n.神谕,神谕处,预言
参考例句:
  • In times of difficulty,she pray for an oracle to guide her.在困难的时候,她祈祷神谕来指引她。
  • It is a kind of oracle that often foretells things most important.它是一种内生性神谕,常常能预言最重要的事情。
3 interface e5Wx1     
n.接合部位,分界面;v.(使)互相联系
参考例句:
  • My computer has a network interface,which allows me to get to other computers.我的计算机有网络接口可以与其它计算机连在一起。
  • This program has perspicuous interface and extensive application. 该程序界面明了,适用范围广。
4 vice NU0zQ     
n.坏事;恶习;[pl.]台钳,老虎钳;adj.副的
参考例句:
  • He guarded himself against vice.他避免染上坏习惯。
  • They are sunk in the depth of vice.他们堕入了罪恶的深渊。
5 violation lLBzJ     
n.违反(行为),违背(行为),侵犯
参考例句:
  • He roared that was a violation of the rules.他大声说,那是违反规则的。
  • He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。
6 lawfully hpYzCv     
adv.守法地,合法地;合理地
参考例句:
  • Lawfully established contracts shall be protected by law. 依法成立的合同应受法律保护。 来自口语例句
  • As my lawfully wedded husband, in sickness and in health, till death parts us. 当成是我的合法丈夫,无论疾病灾难,直到死亡把我们分开。 来自电影对白
7 purely 8Sqxf     
adv.纯粹地,完全地
参考例句:
  • I helped him purely and simply out of friendship.我帮他纯粹是出于友情。
  • This disproves the theory that children are purely imitative.这证明认为儿童只会单纯地模仿的理论是站不住脚的。
8 dissenting kuhz4F     
adj.不同意的
参考例句:
  • He can't tolerate dissenting views. 他不能容纳不同意见。
  • A dissenting opinion came from the aunt . 姑妈却提出不赞同的意见。
9 noted 5n4zXc     
adj.著名的,知名的
参考例句:
  • The local hotel is noted for its good table.当地的那家酒店以餐食精美而著称。
  • Jim is noted for arriving late for work.吉姆上班迟到出了名。
10 recording UktzJj     
n.录音,记录
参考例句:
  • How long will the recording of the song take?录下这首歌得花多少时间?
  • I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。
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