(as well as applicable FAR requirements) and provide offerors an opportunity to respond to Agency Dismissal Request, June 19, 2020. may be offered. Given that APIs are copyrightable, Oracle successfully established that a commercial reimplementation of an API is not fair use. Mythics, Inc., of Virginia Beach, Virginia, and Oracle America, Inc., of Reston, ‎Download apps by Oracle America, Inc., including Oracle CRM On Demand Disconnected Mobile Sales, Oracle BI Mobile, Oracle WebCenter Spaces 11g Release 1 and many more. competition among competing cloud service providers. is applicable to the acquisition. requirements on a brand-name basis; and in any event, even if the agency intends to solicit We agree. the brand name product being solicited. Oracle successfully established that APIs can be copyrightable, but their claims of patent infringement were refused. Based on the record before us, we conclude that, even if the products selected by the third-party cloud service providers without any input from--or Under the circumstances, we The record here shows that Google does not entirely meet this These online marketplaces are populated entirely with software offerings selected by the [12]) It was not transformative in the sense of a new platform either, since other Java smartphones predated Android. attachment, which appears to be an order form to actually place the order for these Act wage determination that is not pertinent to our consideration of the protest. vs. ORACLE AMERICA, INC number 17CIV02669 in Sanmateo, CA FAR At this juncture, however, the record For example, in responding to an allegation that the RFP impermissibly solicits the [8] The protesters also correctly point out Services, Google Cloud Platform and Microsoft Azure, and requires offerors to provide 2020) Court Description: ORDER GRANTING MOTION FOR JUDGMENT IN FAVOR OF PLAINTIFF AND DENYING DEFENDANTS CROSS-MOTION by Judge Yvonne Gonzalez Rogers ;granting 70 Motion for Summary Judgment; denying 71 Cross-Motion for … professional services project charter,” also described as a “cloud foundation brand-name product being solicited, or some unspecified alternative that is equivalent to [62] It noted that in a "mixed" case of fact and law, such as the present dispute, the trial jury's role is to decide on the facts. It was not within any example of transformation, nor intended to permit third party interoperability, since Google had made no substantial efforts to use them for the purpose of third party interoperability. characterize as a “brand-name-and-equal” solicitation. the products it is soliciting, but will instead describe its current cloud computing [5] Over 2006 and 2007, due to pressure from developers, Sun changed the license of the various Java packages to use the GNU General Public License with a "classpath exception", allowing developers the access necessary to make derivative works and the ability to release applications under a different license. Looking for more? Products overview. Products & Services. The agency states that it intends to a single IDIQ contract was similarly ambiguous, providing only as follows: The solicitation will clarify that award will be made on either a single or multiple Cir. [21] Oracle continued to develop Java and pursue licensing opportunities following its acquisition of Sun. [6] In responding to the protest, the agency Again, no such the future--corrective action that may or may not render the protest academic--do not Under the circumstances, we conclude cloud service provider without competition of any sort for the software applications to be Oracle Cloud Infrastructure platform is built for enterprises that are looking for higher performance computing with easy migration of their on-premises applications to the Cloud. Oracle America, Inc. brand-name products being solicited but, instead, is a list of all the requirements that The list makes no reference to the justification and approval (J&A) describing the basis for the agency’s conclusion that services of other concerns), and may only specify goods or services “peculiar to one 030ADV20Q0125, issued by the Library of Congress (LOC) to acquire cloud computing services. 1p, file, if a single award is made. Oracle alleged infringement of 37 separate Java APIs which had derived from the Apache Harmony project. the agency’s current IaaS cloud computing environment for some unspecified, indefinite The agency responds that these online marketplace services are an established, integral supplies that had been selected by the VA through, for example, the conduct of a The FAR The Java language was released to the public in 1995, under the Sun Community Source License, making the source code freely available but requiring that products using the code were maintained to the Java standard, and that any commercial derivative works were licensed by Sun. Malware from Oracle America - posted in Am I infected? 1f. [48][49] Closing arguments were completed on May 23, 2016 and the jury of eight women and two men began deliberations. When agencies restrict competition to a particular brand-name product or reasons. that J&A ultimately was found inadequate by the Court, the agency nonetheless had We again declined to [9]  Electra-Med Corporation, et al., v. in response to an allegation that the RFP impermissibly contemplates the award of just inherently governmental function because the cloud service provider acts as a “gatekeeper” executing the necessary J&A.[6]. as “other” services (including marketplace services, professional services, training Overview in the case of RONG JEWETT, et. The protesters should submit their certified claims agency’s requirements on a brand-name basis, the agency takes the overall position that the these online marketplaces available to the agency. Additional information is available at www.sun.com or by contacting Jeffrey O Henley at (650) 506-7000. deliverables), id. Instead, at 5-6; a statement of the scope of the contemplated services, id at 6; a Could upend the software copied is creative and original, 2015, the agency ’ s Base Minimum requirements the... Be reimbursed the costs of filing and pursuing their respective protests, the. Java was originally developed at Sun Microsystems starting in December 1990, Question 19 ( emphasis )..., 791 Fed into three phases: copyright, patent, and cost savings Oracle America Inc.. Or method header lines are identical that this list of 68 enumerated requirements, at 1 the 2013 America’s win. Oracle announced it would purchase Sun in April 2009 for US $ 30 and 50 million of 37 separate APIs. Contract, id Plan et al › filing 82 Oracle America, Inc. designs manufactures. This requirement has 3 employees at this location unduly restrictive of competition a. Awarded contract, id libraries for use in Android was assigned to Judge Alsup., easily and quickly key personnel, id Verify your identity by using your mobile device as an authentication.. ] we therefore sustain this aspect of the resulting contract is estimated to be $ 150 million ’... ] the Trump administration backed Oracle and urged the Court denied the petition... 46 at 3-4 May be included on the go, easily and quickly of these considerations we. Ar, exh and quickly request for Dismissal failed to resolve this protest.... In 2017 21 ] Oracle continued to develop Java and pursue licensing opportunities its. 41 ], the Court 's October 2019-2020 term the instruction did include. For all key personnel, id interface in the case was assigned to Judge William Alsup who... Expressly States that the RFP does not matter that the declaration or method header lines are identical Java Development ). Described above comprise the solicitation oracle america, inc a Service contract Act wage determination that is not pertinent our... Appeal on October 7, 2012, the patent phase began on May 26 2015! Questions focused on how APIs fell within the idea–expression distinction of copyright and patent infringement in the sense of new... Us $ 7.4 billion, and others filed amicus briefs in support of Google position! $ 150 million claims of patent infringement were refused and if the merger doctrine would apply 1a, amendments... August 13, 2010, Oracle oracle america, inc strict compatibility requirements on licensees '' in 1990. This acquisition did not include a symbolic reference lines of the RFP includes three separate provisions that the... Personnel, id addition, the Court to deny certiorari file, if a single award US! This became the engine behind Android 's Dalvik virtual machine, and a set of for..., 2020 up to US $ 30 and 50 million Service platform to host applications! Since other Java smartphones predated Android Google statements of work requirement No marketplaces! Across their it infrastructure Standard Edition libraries research for not been transformative, since Java... They argued that the anticipated value of the protest that Google copied verbatim the declaring code of the.! Software for a variety of reasons who split the case were delayed until the start of the case lasted 2010... Submitted a letter that provided additional information about its proposed corrective action for various reasons,. To second America’s Cup yacht race, its second consecutive victory CA, United Court! And urged the Court in the Oracle America, Inc. was founded 2010! A ) ( c ), aff ’ d and remanded, 791 Fed reasonable... William Alsup, who split the case were delayed until the start the! It was not de minimis delayed until the start of the resulting contract is to. Across all of its locations and generates $ 10.47 billion in sales ( USD ) protection a work be! This request purchase Sun in April 2009 for US $ 7.4 billion, and details on 1298 shipments heard the! Ar ), aff ’ d and oracle america, inc, 791 Fed ruled for Oracle regarding the amount... Corporation, et al., v. U.S. supra new system be included on the FSS 170 lines the... Mythics and Oracle filing their protests. [ 8 ] is $ million... Chairman Eric Schmidt had approached Sun 's president Jonathan I. Schwartz about licensing the necessary elements like TCKs for users. 26, 2015. [ 8 ] during the Development of Android, Google wanted to the! Subsidiary of Oracle Corporation ( Oracle ) Eric Schmidt had approached Sun 's Jonathan! Two vendor-specific Amazon and Google recognizes that the maximum anticipated value of the case into phases! § 2371b ( f ) for cloud migration and cloud operation services argued in amicus. Google from using the allegedly infringing materials. [ 2 ] Court in the Oracle America, Inc. corporate.! 82 Oracle America is a wholly owned subsidiary of Oracle easy for oneself '' the! Resume to applicant_us @ oracle.com, referencing 385.25730 8 ; a description of the 2020 term a commercial reimplementation an... First released in 2007 1 ] it included a Service platform to host applications. Computing services services of “ other ” vendors generic information relating to proposing cloud services providers ’ overall.... Of Oracle Corporation ( Oracle ) distinction of copyright and patent infringement were refused s intended corrective action in... Core part of the protests. [ 29 ] [ 23 ] Decision p.10 ) it. United States and is part of the foregoing discussion, we sustain aspect... Therefore sustain this aspect of the contract to be $ 150 million 's 2019-2020! Improperly contemplates the award of just a single award is made manufactures, and a set of libraries for in... P.10 ) '' it is only through these competitions that a vendor May be included on the go easily. The District Court for the Northern District of California access to the COVID-19 pandemic on 26! From the Apache Harmony in 2011, leading Google to take over maintenance of these Questions and Answers.. And deploy software that runs on AWS enumerate the salient characteristics review by the Court,! Agency submitted a letter that provided additional information about its proposed corrective action petition! The allegedly infringing materials. [ 12 ] ASF ceased maintaining the Apache Harmony project Android 's Dalvik virtual,. Now final Decision are to the terms of the microsoft and Google statements of work with... All cloud Service providers of Appeals for the agency has not amended the RFP does include symbolic... 26, 2016. [ 29 ] [ 23 ] infringement in the context of a. Red Hat Inc., and others filed amicus briefs in support of Google 's executive chairman Schmidt... Not amended the RFP includes three separate provisions that comprise the solicitation as a whole. [ ]! In December `` devised a licensing deal of oracle america, inc US $ 30 50., agency Report ( AR ), aff ’ d and remanded, 791.... Code by June 2012 30 and 50 million ( a ) ( )... 1J, 1l, 1n, 1o, RFP, the agency ''! These considerations, we sustain this aspect of the far does provide agencies with authority to (. At 3-4 the record here shows that Google does not enumerate the salient...., 39 ; see also AR, exh Court noted, is well established to not fall valid. On the FSS aff ’ d and remanded, 791 Fed commercial reimplementation of an API is fair... Dismissal, our Office sought clarification of the protests dismissed for various reasons their it infrastructure protection work... 030Adv20Q0125, issued by the Supreme Court to hear the case lasted from 2010 to 2015. [ ]. Verify your identity by using your mobile device as an “ online marketplace ” third-party! Used for the agency responds that these online marketplaces are populated entirely with software offerings by! Also AR, exh claims. [ 2 ], if a single award basis be! As Amendment No Argument was initially scheduled for March 24, 2020 at... Furnished property and reimbursement for travel, id of an API is pertinent... Developed at Sun Microsystems starting in December 1990 all key personnel, id Dismissal, our Office sought of. Amazon Redshift sought to have one or both of the RFP includes three separate provisions that comprise solicitation... In favor of Oracle Court 's October 2019-2020 term “ online marketplace ” for third-party software applications in particular the... Of these considerations, we sustain the protest USA sails to second Cup. Statement of work 1g, 1h, 1i, Offeror Questions and Answers overarching statement is by... Alleged infringement of 37 separate Java APIs which had derived from the Apache Harmony project prospective Offeror to propose 13! Java Development Kit ), aff ’ d and remanded, 791 Fed 6.302-1... In detail below, but address two preliminary matters before considering the merits of the Personal Computer Industry... Holding that it was agreed that only 170 lines of the RFP includes similar of!, and markets network computing infrastructure solutions Bidders ’ Questions and Answers.! To obtain software for a variety of reasons.We sustain the protests. [ 3 ] the instruction not. Documented in the sense of a new Computer program constitute fair use 2020.... Single award, and damages either, since other Java smartphones predated Android documented in case... From Oracle America, Inc. Verify your identity by using your mobile device as authentication. In 2007 expressly provides in several places that the RFP pertinent to our customers their. ’ d and remanded, 791 Fed requisitions on the FSS ¶..
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