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Oracle: The judge was wrong in our case with Google

The software maker has filed an appeal in the matter of Java in Android, saying that an earlier ruling by a lower court was improper.

Despite losing its infringement battle with Google, Oracle is still willing to wage a war over an earlier ruling in the matter.

The company earlier this week filed an appeals brief with the U.S. Circuit Court of Appeals, saying that Google's use of Java in Android was "decidedly unfair," according to Reuters, which obtained a copy of the filing. Oracle said that copyright is designed to protect all kinds of works, including "a short poem or even a Chinese menu," but what it created in Java was "vastly more original, creative, and labor-intensive."

Oracle sued Google in 2010 for allegedly infringing copyrights it held on 37 Java application programming interfaces (APIs) in Android. Oracle argued that Google knowingly used the APIs without a license from Sun Microsystems, which Oracle bought in 2010.

Last May, a jury delivered a partial verdict in Oracle's favor, saying that Google infringed the overall structure, sequence, and organization of Java's language. The jury did not, however, make mention of fair use. Soon after, the presiding judge, William Alsup, ruled that APIs were not copyrightable and tossed out Oracle's claim.

In this week's filing, Oracle argues that Alsup was wrong in his assessment. Oracle attorney E. Joshua Rosenkranz illustrated his point by creating a hypothetical author in the filing named "Ann Droid." That person, he said in his hypothetical example, obtained an advance copy of "Harry Potter" and copied several parts.

"Google Inc. has copied a blockbuster literary work just as surely, and as improperly, as Ann Droid - and has offered the same defenses," he wrote.

Google has not publicly commented on the appeal brief, but the company will file its own response in May, according to Reuters.

CNET has contacted Google for comment on the filing. We will update this story when we have more information.