By JESSICA GRESKO, Associated Press
WASHINGTON — The Supreme Court sided Monday with Google in an $8 billion copyright dispute with Oracle over the internet company's creation of the Android operating system used on most smartphones worldwide.
To create Android, which was released in 2007, Google wrote millions of lines of new computer code. But it also used 11,330 lines of code and an organization that's part of Oracle's Java platform.
Google had argued that what it did is long-settled, common practice in the industry, a practice that has been good for technical progress. And it said there is no copyright protection for the purely functional, noncreative computer code it used, something that couldn't be written another way. But Oracle said Google "committed an egregious act of plagiarism," and it sued.
The justices ruled 6-2 for Google Inc., based in Mountain View, California. Two conservative justices dissented.
Justice Stephen Breyer wrote that in reviewing a lower court's decision, the justices assumed "for argument's sake, that the material was copyrightable."
"But we hold that the copying here at issue nonetheless constituted a fair use. Hence, Google's copying did not violate the copyright law," he wrote.
Justice Clarence Thomas wrote in a dissent joined by Justice Samuel Alito that he believed "Oracle's code at issue here is copyrightable, and Google's use of that copyrighted code was anything but fair."
Only eight justices heard the case because it was argued in October, after the death of Justice Ruth Bader Ginsburg but before Justice Amy Coney Barrett joined the court.
The case has been going on for a decade.
Microsoft, IBM and major internet and tech industry lobbying groups had weighed in, in favor of Google. The Motion Picture Association and the Recording Industry Association of America were among those supporting Oracle.
The case is Google LLC v. Oracle America Inc., 18-956.
Top pics from the weekend Top photos of the day as selected by the Associated Press.
Top pics from the weekend: Capitol lockdown and more
In the wake of a church attack in South Sulawesi on March 28, soldiers check worshippers at the entrance of the St. Mary of the Assumption Cathedral during Mass on Good Friday, Friday, April 2, 2021 in Jakarta, Indonesia. (AP Photo/Dita Alangkara)
Dita Alangkara
A member of La Hermandad de Jesus Brotherhood prepares his clothes, prior to the Station of the Cross service on Good Friday after congregation numbers were reduced, due to the coronavirus pandemic, in Pamplona, northern Spain, Friday, April 2, 2021. (AP Photo/Alvaro Barrientos)
Alvaro Barrientos
Rescue workers recover a body from a derailed train near the Taroko Gorge area in Hualien, Taiwan on Friday, April 2, 2021. The train partially derailed in eastern Taiwan on Friday after colliding with an unmanned vehicle that had rolled down a hill, killing dozens. With the train still partly in a tunnel, survivors climbed out of windows and walked along the train's roof to reach safety after the country's deadliest railway disaster. (AP Photo/Chiang Ying-ying)
Chiang Ying-ying
Paris Archbishop Michel Aupetit, left, carries the holy cross at the Way of the Cross ceremony as part of the Holy Easter celebration, in the Sacre Coeur basilica, in Paris, Friday, April 2, 2021. In France, a nationwide 7 p.m. curfew is forcing parishes to move Good Friday ceremonies forward in the day, as the traditional Catholic night processions are being drastically scaled back or cancelled. (AP Photo/Thibault Camus)
Thibault Camus
A parishioner takes part in a Stations of the Cross service during the Good Friday service, at the Holy Cross Cathedral in Lagos, Nigeria, Friday, April 2, 2021. (AP Photo/Sunday Alamba)
Sunday Alamba
People walk in Eminonu open market in Istanbul, Friday, April 2, 2021. The number of confirmed COVID-19 cases in Turkey continue to raise and the total number of infections in the country stands at 3.3 million. On Monday, Turkish President Recep Tayyip Erdogan's government re-imposed restrictions, including weekend lockdowns, amid a sharp increase in the number of infections-less then a month after the measures were relaxed. The government has also announced restrictions over the upcoming Muslim holy month of Ramadan. (AP Photo/Emrah Gurel)
Emrah Gurel
Flowers bloom on Capitol Hill in Washington, Friday, April 2, 2021, as Congress is away for a two-week holiday recess. (AP Photo/J. Scott Applewhite)
J. Scott Applewhite
Pope Francis lies down in prayer prior to celebrate Mass for the Passion of Christ, at St. Peter's Basilica, at the Vatican, Friday, April 2, 2021, during the Covid-19 coronavirus pandemic. (Andreas Solaro/Pool photo via AP)
Andreas Solaro
President Joe Biden and first lady Jill Biden leave the White House as they walk to board Marine One on the South Lawn in Washington, Friday, April 2, 2021, to travel to Camp David, Md. (AP Photo/Andrew Harnik)
Andrew Harnik
Catholic faithful reenact the crucifixion of Jesus Christ in a Passion Play on the plaza of the Our Lady of Candelaria church that remained closed to the public due to coronavirus restrictions, in Capiata, Paraguay, Friday, April 2, 2021. As deaths related to COVID-19 increase daily the government decreed a preventive lockdown during Holy Week. (AP Photo/Jorge Saenz)
Jorge Saenz
Police officers gather near a car that crashed into a barrier on Capitol Hill in Washington, Friday, April 2, 2021. (AP Photo/J. Scott Applewhite)
J. Scott Applewhite
U.S. Capitol Police officers stand near a car that crashed into a barrier on Capitol Hill in Washington, Friday, April 2, 2021. (AP Photo/J. Scott Applewhite)
J. Scott Applewhite
Troops stand guard near the scene of a car that crashed into a barrier on Capitol Hill in Washington, Friday, April 2, 2021. (AP Photo/Patrick Semansky)
Patrick Semansky
Pope Francis presides over the Via Crucis (Way of the Cross) ceremony in St. Peter's Square, at the Vatican, Friday, Friday, April 2, 2021. (AP Photo/Gregorio Borgia, Pool)
Gregorio Borgia
A penitent known as a "gateador" or crawler with a cluster of thorns tied to his back, walks on his knees through the streets in a pilgrimage to Calvary to symbolically purge his sins or give thanks for a promise granted, as part of a Good Friday tradition in San Andres Sajcabaja, Guatemala, Friday, April 2, 2021. Christians in Latin America mark Good Friday this year amid the coronavirus crisis with some religious sites open to limited numbers of faithful but none of the mass pilgrimages usually seen in the Holy Week leading up to Easter. (AP Photo/Moises Castillo)
Moises Castillo
Members of the National Guard leave the Capitol perimeter the they had been guarding, Friday, April 2, 2021, after a car crashed into a barrier on Capitol Hill in Washington. (AP Photo/Jacquelyn Martin)
Jacquelyn Martin
Stanford guard Lexie Hull (12) battles for a rebound with South Carolina forward Aliyah Boston, left, and guard Destanni Henderson (3) during the second half of a women's Final Four NCAA college basketball tournament semifinal game Friday, April 2, 2021, at the Alamodome in San Antonio. (AP Photo/Eric Gay)
Eric Gay
Toronto Raptors forward OG Anunoby (3) follows through on a slam dunk against the Golden State Warriors during the first half of an NBA basketball game Friday, April 2, 2021, in Tampa, Fla. (AP Photo/Chris O'Meara)
Chris O'Meara
Stanford players celebrate at the end of a women's Final Four NCAA college basketball tournament semifinal game against South Carolina Friday, April 2, 2021, at the Alamodome in San Antonio. Stanford won 66-65. (AP Photo/Eric Gay)
Eric Gay
Actor Dario Juremo, 40, plays the role of Jesus during a Passion of Christ reenact on Good Friday during Holy Week at the Rocinha slum in Rio de Janeiro, Brazil, Friday, April 2, 2021. People could watch the performance from their windows, balconies or through a live-streaming on the internet to avoid the widespread of COVID-19.(AP Photo/Bruna Prado)
Bruna Prado
Arizona players celebrate at the end of a women's Final Four NCAA college basketball tournament semifinal game against Connecticut Friday, April 2, 2021, at the Alamodome in San Antonio. Arizona won 69-59. (AP Photo/Eric Gay)
Eric Gay
Anaheim Ducks' Trevor Zegras, left, loses his balance next to Arizona Coyotes' Jakob Chychrun during the second period of an NHL hockey game Friday, April 2, 2021, in Anaheim, Calif. (AP Photo/Jae C. Hong)
Jae C. Hong
A crow flies past a Communist Party of India (Marxist) flag erected on the Arabian Sea coast as part of election campaign in Thiruvanathapuram, Kerala state, India, Saturday, April 3, 2021. The southern state goes to polls on April 6. (AP Photo/R S Iyer)
R S Iyer
Nuns pray in the Church of the Holy Sepulchre, traditionally believed by many to be the site of the crucifixion of Jesus Christ, during the Holy Saturday Easter Vigil procession in Jerusalem's old city, Saturday, April 3, 2021. (AP Photo/Ariel Schalit)
Ariel Schalit
An ambassador car with a loud speaker on top is parked outside an election campaign office of the Bharatiya Janata Party (BJP) at Nemom constituency in Thiruvanathapuram, Kerala state, India, Saturday, April 3, 2021. Images of Indian Prime Minister Narendra Modi, center and other leaders are displayed on right. The southern state goes to polls on April 6. (AP Photo/R S Iyer)
R S Iyer
Anti-coup protesters line in formation with homemade air rifles during a demonstration against the military coup in Yangon, Myanmar, Saturday, April 3, 2021. Threats of lethal violence and arrests of protesters have failed to suppress daily demonstrations across Myanmar demanding the military step down and reinstate the democratically elected government. (AP Photo)
STR
Latin Patriarch of Jerusalem Pierbattista Pizzaballa leads the Holy Saturday Easter Vigil procession in the Church of the Holy Sepulchre, traditionally believed by many to be the site of the crucifixion of Jesus Christ, in Jerusalem's old city, Saturday, April 3, 2021. (AP Photo/Ariel Schalit)
Ariel Schalit
Washington National Cathedral Altar Guild members Anne Bowen, left, and Anne Roulhac, right, arrange flowers in preparation for the virtual Easter Sunday worship services at the Washington National Cathedral in Washington, Saturday, April 3, 2021. The Washington National Cathedral offers online worship services because to the COVID-19 pandemic. (AP Photo/Carolyn Kaster)
Carolyn Kaster
A demonstrator wears a face mask and a slogan painted on her face during a 'Kill the Bill' protest in London, Saturday, April 3, 2021. The demonstration is against the contentious Police, Crime, Sentencing and Courts Bill, which is currently going through Parliament and would give police stronger powers to restrict protests. (AP Photo/Alberto Pezzali)
Alberto Pezzali
The families of the victims in a train crash cry as they mourn near Taroko Gorge in Hualien, Taiwan on Saturday, April 3, 2021. The train partially derailed in eastern Taiwan on Friday after colliding with an unmanned vehicle that had rolled down a hill, killing and injuring dozens. (AP Photo/Chiang Ying-ying)
Chiang Ying-ying
Pope Francis celebrates the Easter Vigil in a nearly empty St. Peter's Basilica as coronavirus pandemic restrictions stay in place for a second year running, at the Vatican, Saturday, April 3, 2021. (Remo Casilli/Pool photo via AP)
Remo Casilli
A bride and her groom pose for a photograph during a wedding photoshoot as heavy fog envelope the Sawfar village, Mount Lebanon Governorate of Lebanon, Saturday, April 3, 2021. Lebanese authorities imposed a three-day nationwide curfew as of Saturday morning to try limit the spread of COVID-19 during the Easter holidays. (AP Photo/Hassan Ammar)
Hassan Ammar
Jamel Herring of the United States, right, lands a blow on Britain's Carl Frampton during their WBO super-featherweight world title fight in Dubai, UAE, early Sunday April 4, 2021. (AP Photo/Kamran Jebreili)
Kamran Jebreili
Nashville Predators center Colton Sissons celebrates after scoring a goal against Chicago Blackhawks goaltender Kevin Lankinen (32) on a penalty shot in the second period of an NHL hockey game Saturday, April 3, 2021, in Nashville, Tenn. (AP Photo/Mark Humphrey)
Mark Humphrey
Baylor guard Matthew Mayer (24) shoots over Houston forward Justin Gorham, left, during the first half of a men's Final Four NCAA college basketball tournament semifinal game, Saturday, April 3, 2021, at Lucas Oil Stadium in Indianapolis. (AP Photo/Michael Conroy)
Michael Conroy
Gonzaga guard Jalen Suggs (1) celebrates making the game winning basket against UCLA during overtime in a men's Final Four NCAA college basketball tournament semifinal game, Saturday, April 3, 2021, at Lucas Oil Stadium in Indianapolis. Gonzaga won 93-90. (AP Photo/Michael Conroy)
Michael Conroy
A woman walks past a mural depicting a white dove parachuting COVID-19 vaccine vials, posted near the Italian Health Ministry Headquarters in Rome, Sunday, April 4, 2021. Italy has entered a three-day strict nationwide lockdown to prevent new surges of the coronavirus. Police set up road checks to ensure people were staying close to home and extra patrols were ordered up to break up large gatherings in squares and parks, which over Easter weekend are usually packed with picnic-goers. (AP Photo/Gregorio Borgia)
Gregorio Borgia
A woman wearing a face mask attends Easter Sunday Mass led by Latin Patriarch of Jerusalem Pierbattista Pizzaballa at the Church of the Holy Sepulchre, where many Christians believe Jesus was crucified, buried and rose from the dead, in the Old City of Jerusalem, Sunday, April 4, 2021. (AP Photo/Oded Balilty)
Oded Balilty
Pope Francis delivers his Urbi et Orbi blessing after celebrating Easter Mass at St. Peter's Basilica at The Vatican Sunday, April 4, 2021, during the Covid-19 coronavirus pandemic. (Filippo Monteforte/Pool photo via AP)
Filippo Monteforte
Real Sociedad's Mikel Oyarzabal, who scored the only goal, holds the cup as he celebrates with teammates after winning the final of the 2020 Copa del Rey, or King's Cup, soccer match between Athletic Bilbao and Real Sociedad at Estadio de La Cartuja in Sevilla, Spain, Saturday April 3, 2021. The game is the rescheduled final of the 2019-2020 competition which was originally postponed due to the coronavirus pandemic. (AP Photo/Angel Fernandez)
Angel Fernandez
Apostolic Pentecostals celebrate Easter in field in the Johannesburg township of Soweto Sunday April 4, 2021. Such South African independent church consist of small groups of worshippers mixing African traditions and bible study. (AP Photo/Jerome Delay)
Jerome Delay
Stanford players celebrate with the trophy after the championship game against Arizona in the women's Final Four NCAA college basketball tournament, Sunday, April 4, 2021, at the Alamodome in San Antonio. Stanford won 54-53. (AP Photo/Morry Gash)
Morry Gash
Visitors wearing face masks to protect against COVID-19 walk across a causeway at the West Lake in Hangzhou in eastern China's Zhejiang Province, Sunday, April 4, 2021. Domestic tourists were out in force at some of China's most popular tourist sites on a holiday weekend as the country continues to report few new cases of coronavirus within its borders. (AP Photo/Mark Schiefelbein)
Mark Schiefelbein
Stanford guard Kiana Williams (23) cuts down the net after the championship game against Arizona in the women's Final Four NCAA college basketball tournament, Sunday, April 4, 2021, at the Alamodome in San Antonio. Stanford won 54-53. (AP Photo/Eric Gay)
Eric Gay
People attend an Easter sunrise service at the Palm Eastern Mortuary and Cemetery, Sunday, April 4, 2021, in Las Vegas. (AP Photo/John Locher)
John Locher
Denmark's Kasper Asgreen of the Deceuninck-Quick Step team, left, crosses the finish line to take first place in the Tour of Flanders in Oudenaarde, Belgium on Sunday, April 4, 2021. (AP Photo/Olivier Matthys)
Olivier Matthys
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