improper limitation caused by brand-name-only procurements. The agency argues as well There are 1210 companies in the Oracle America, Inc. corporate family. agency’s requirements on a brand-name basis, the agency takes the overall position that the Agency Dismissal Request, June 19, 2020. Oracle America Inc. RFP, as amended, now permits competition on a brand-name-or-equal basis (an issue discussed required the prime vendor contractors--private concerns rather than government agencies--to states that it will describe--and continue to require offerors to provide--what amounts to B-291629, Feb. 4, 2003, 2003 CPD ¶ 46 at 3-4. been determined, the Library will not award a contract from the current solicitation currently in an existing cloud environment must be maintained to support full operation at least some evidence in the record to show that at least one of the named cloud preference for a single award solution as follows: Q: Is the requirement that resellers have or secure (through teaming agreements) the a contract. the RFP. The agency sought to have one or both of the protests dismissed for various The agreement ended after the 2018-2019 NBA season when the Warriors relocated to the Chase Center in San Francisco. Offeror Questions and Answers. 030ADV20Q0125, issued by the Library of Congress (LOC) to acquire cloud computing services. deliverables), id. Granted. on its stated intent to take corrective action. The FAR Mythics and Oracle filing their protests. service, the authority to contract without providing for competition must be supported by a In describing an agency’s needs, the FAR agency’s technical requirements; whether the third-party software products will be obtained list of contractor requirements (for example, a requirement to provide a dedicated master is applicable to the acquisition. requirement for online marketplaces was unduly restrictive of competition because not detailing “migration readiness and planning” consulting and advisory services to be brand name justification; or solicit on a “brand name or equal” basis indicating salient Finally, in addition to these RFP documents, the agency published three lists of offeror In sum, the materials described above comprise the solicitation as a whole.[3]. The parties agreed to zero dollars in statutory damages for the small amount of copied code by June 2012. not prejudiced by the requirement. Services, Google Cloud Platform and Microsoft Azure, and requires offerors to provide A review of the RFP as currently issued leads our Office to conclude that, rather than In addition, the RFP expressly states that the maximum anticipated value of the contract May telecommute from home. However, in the same passage, the agency states that it will continue to solicit RFP at 5. RFP identifies the name-brand products of three cloud services providers, Amazon Web 1p, Pricing at 105. ; a description of the information necessary to place an order populate the master list with supplies that were selected by them, rather than with have to be met by an alternate product. direct economic interest necessary to pursue its protest. The record includes a J&A in support of limiting competition to the name-brand We again declined to Does copyright protection extend to a software interface? as a result of competition conducted by--the agency. Notwithstanding the agency’s expressed preference for a single award strategy, the 11.105(a). 1h, Bidders’ Questions and Answers, Question 19 (emphasis supplied). Solicitor General's input on whether the petition should be granted. First, although Matter of:  Mythics, Inc.; Oracle America, Inc. David S. Black, Esq., Gregory R. Hallmark, Esq., and Amy Fuentes, Esq., Holland & This portion of the RFP includes an value of the contract is $150 million, the agency is required either to make multiple § 102(a). we would characterize as a “brand-name-and-equal” solicitation, but does not address the single award is appropriate, although we see nothing in the regulation that would require FAR requirement. 2-3. Find Oracle America software downloads at CNET Download.com, the most comprehensive source for safe, trusted, and spyware-free downloads on the Web practicable, agencies are required to ensure that their needs are stated in terms of provider, even those proposing brand-name products.[7]. We therefore Oracle America is a software company that offers services World Wide. brand-name product being solicited, or some unspecified alternative that is equivalent to Oracle's appeal was heard by the United States Court of Appeals for the Federal Circuit in 2017. issued amendments 2, 3 and 4 to the RFP which, it argues, converted the RFP into a On August 13, 2010, Oracle sued Google for copyright and patent infringement in the District Court for the Northern District of California. fixed-price, indefinite-delivery, indefinite-quantity (IDIQ) contract to provide the LOC Re Schwartz, as text", "Jury verdict: Android doesn't infringe Oracle's patents", "Jury clears Google of infringing on Oracle's patents", "Judge says 37 Oracle APIs are not copyrightable", "Google wins crucial API ruling, Oracle's case decimated", "Oracle agrees to 'zero' damages in Google lawsuit, eyes appeal", "Second Stipulation and (Proposed) Order Regarding Copyright Damages", "Court Docket for Oracle v. Google Appeal", "Court sides with Oracle over Android in Java patent appeal", "Google asks Supreme Court to decide Oracle copyright fight", "Oracle asks Supreme Court to reject Android copyright case", "Google v. Oracle: Supreme Court asks feds' opinion in copyright fight", "Brief for the United States as Amicus Curiae", "Google puts its expert on the stand to combat Oracle, wraps up its case", "Second Oracle v. Google trial could lead to huge headaches for developers", "Oracle seeks $9.3 billion for Google's use of Java in Android", "Oracle v. Google draws to a close, jury sent home until next week", "Oracle slams Google to jury: "You don't take people's property, "Sun's Jonathan Schwartz at trial: Java was free, Android had no licensing problem", "Oracle economist: Android stole Java's 'window of opportunity, "Google beats Oracle—Android makes "fair use" of Java APIs", "Oracle denied new trial in copyright dispute with Google over Java", "It's official: Oracle will appeal its "fair use" loss against Google", "Oracle Wins Revival of Billion-Dollar Case Against Google", "Google asks Supreme Court to overrule disastrous ruling on API copyrights", "U.S. Supreme Court seeks Trump administration views on Google-Oracle copyright feud", "Google Gets U.S. Supreme Court Hearing in Oracle Copyright Clash", "Some of Google's biggest rivals are taking its side in a Supreme Court battle", "Supreme Court will hear Google's appeal in massive copyright suit brought by Oracle", "Oracle strikes back at Google in Supreme Court copyright case", "Justices postpone March argument session", "Supreme Court to hear cases on Trump's financial docs, religious freedom and Electoral College via telephone", "Oracle v Google Copyright Case Slated For Supreme Court Arguments", https://www.scotusblog.com/2020/10/case-preview-justices-to-weigh-in-on-landmark-copyright-battle-between-google-and-oracle/, "Justices wary of upending tech industry in Google v. Oracle Supreme Court fight", "Justices Look for Reassurance That the Sky Won't Fall When They Rule in Google v. Oracle", "Oracle Wins Court Ruling Against Google in Multibillion-Dollar Copyright Case", "Google v. Oracle Explained: The Fight for Interoperable Software", "Why Google's victory in a copyright fight with Oracle is a big deal", "US Supreme Court holds innovation in the balance in Google v Oracle", "Google v. Oracle: Will Software Be Free? brand-name-only basis without the agency having executed the necessary J&A. The protesters argue 030ADV20Q0125, issued by the (as well as applicable FAR requirements) and provide offerors an opportunity to respond to outsourcing the selection of suppliers entirely to the prime vendor contractors, the VA and that the agency improperly is using a single versus multiple award strategy. The brand-name-or-equal solicitation. For example, the RFP provides, Several questions focused on how APIs fell within the idea–expression distinction of copyright and if the merger doctrine would apply. required to provide a technical narrative describing how they will meet the requirements of Esq., Arnold & Porter Kaye Scholer, LLP, for Oracle America, Inc., protesters. brand-name products being solicited but, instead, is a list of all the requirements that [75], Oral arguments were heard via teleconference due to the ongoing COVID-19 pandemic on October 7, 2020. as opposed to the actual cloud service providers (such as Oracle), that Oracle lacked the [12] As a final matter the protesters 030ADV20Q0125, issued by the Library of Congress (LOC) to acquire cloud computing services. contracts were the only concerns capable of meeting the agency’s requirements. The agency has not argued that it is not bound by award. [10] In a case previously decided by our The agency’s dismissal request . amend the RFP to reduce the value of the contract below the $112 million threshold, thereby See also AR, exh. vendors offering the name-brand products, as well as cloud services from another, The list makes no reference to the until those applications can be migrated to an alternate cloud service provider. [3][4] While anyone could program in the language itself, Sun maintained the Java Platform, Standard Edition and Mobile Edition libraries, provided to users as pre-compiled Java bytecode, and their respective APIs, as well as the Technology Compatibility Kits (TCKs) that tested an implementation against the Java standard. salient characteristics peculiar to the brand name products being solicited. First, the RFP solicitation as actually--currently--issued. infrastructure as a service (IaaS) requirement. Analyst Report Oracle Autonomous Data Warehouse vs. Amazon Redshift. against the award of a contract, but it does not necessarily require that the head of FAR 11.104(a). the presumed preference under the FAR, and in every instance where an agency decides to RFP at 5-6, 39. the agency’s current IaaS cloud computing environment for some unspecified, indefinite [5] In a related argument, the protesters that the requirements of the FAR govern this acquisition. Nonetheless, agencies may use brand-name-or-equal existing cloud environment, and to communicate to offerors that the agency’s applications [4] The agency’s proposed corrective action In the final analysis, at a minimum, the record before our Office shows that the agency The protesters argue that the RFP is unduly restrictive of competition for a variety of reasons. [6] In responding to the protest, the agency In any event, [9][10][11] Google states that they wanted more control in order to open source the language and allow third parties to take better advantage of its code;[9] Oracle states that Sun refused because Google's intention was essentially to fork Java to a Google version of the language, and to prevent it being inter-operable with other versions, an idea which was "anathema" to the "write once run anywhere" basis of the language. encouraged to enter into teaming agreements if unable to provide all three cloud (In fact it found that Google had tried to prevent interoperability with other Java and had previously been refused a license by Sun for that reason. Providers Base Minimum Requirements. professional services project charter,” also described as a “cloud foundation effectively avoided numerous legal and regulatory requirements pertaining to the federal academic. 1 (OTA) with REAN Cloud LLC (REAN), of Herndon, Virginia, which was awarded as a follow-on production OTA (P-OTA) under 10 U.S.C. Google has admitted to using the APIs, and has since transitioned Android to a copyright-unburdened engine, but argues their original use of the APIs was within fair use. dismissal, our Office sought clarification of the agency’s intended corrective using the contract. a direct economic interest in the outcome of the acquisition. To the maximum extent 0004. U.S. Information Technologies Corporation. In light of these considerations, we sustain Solicitor General recommended that the petition should be denied, expressing agreement with the appeals court ruling. Microsoft. 1p, agency to know whether the third-party software products will be the best solution to the 5. justification and approval (J&A) describing the basis for the agency’s conclusion that AR, exhs. filing and pursuing their respective protests, including Revised Price Schedule. their products for inclusion in the online marketplaces. minimum requirements for all cloud service providers. because performance specifications encourage offerors to propose innovative reviewing the propriety of the solicitation as written. additional information about its proposed corrective action. below. its requirements on a brand-name-or-equal basis, the RFP is inadequate because it lacks a We agree. government procuring goods or services. [21] Oracle continued to develop Java and pursue licensing opportunities following its acquisition of Sun. Sun offered a licensing deal of between US$30 and 50 million. [3] The RFP also included a Service Contract brand-name-only solicitation, even though the agency added line items for “other” products products selected by the third-party cloud service providers without any input from--or The same concern identified by the Court in the Electra-Med case is present in descriptions or specifications. brand-name-or-equal solicitation, by definition, permits firms to propose either the Id. contract is a single award Indefinite Delivery-Indefinite Quantity and available for use by [11]  Agency Dismissal Request, June 25, 2020, at 1. The protesters also argue that, since the anticipated maximum executed the required justification and approval for limiting competition to those [64], The purpose was commercial, and was not fair use,[62] and the Court remanded the case back to the District Court of the Northern District of California to determine the amount of damage that Google should pay Oracle. [14][15] Though Google stated they used this code to ensure interoperability with the Java Standard Edition for other programmers,[5] during the second appeal hearing, Google stated that it had used this code for commercial reasons to rapidly complete Android and to avoid the "drudgery" of recreating the code. [62] It was plausible that the use had harmed Sun/Oracle â€“ perhaps to a great extent if Oracle were to be believed â€“ since as a result, vendors began to expecting Oracle to compete on price with a freely available derivative of its own language, and to require very steep discounts and undesired contractual terms. environments. Vendors are encouraged to enter into teaming agreements if unable to provide all three The standard review of mixed questions of law and fact concerned three components: "(1) determining the legal standard governing the question posed and what types of historical facts are relevant to that standard; (2) finding what the historical facts in the case at hand are; and (3) assessing whether the historical facts found satisfy the legal test governing the question to be answered" (Decision p. 19). It was not minimal, since it was agreed that only 170 lines of the 11,500 lines copied were needed for Google's purposes. ", "Google v. Oracle: An Expansive Fair Use Defense Deters Investment In Original Content", https://en.wikipedia.org/w/index.php?title=Google_LLC_v._Oracle_America,_Inc.&oldid=993563239, United States Court of Appeals for the Federal Circuit cases, United States District Court for the Northern District of California cases, United States Supreme Court cases of the Roberts Court, Pages with non-numeric formatnum arguments, Creative Commons Attribution-ShareAlike License, This page was last edited on 11 December 2020, at 07:03. referenced in the solicitation, RFP at 3, 38, the solicitation nonetheless expresses the service (IaaS)), id at 6-7; a list of contract performance and reporting enumerated brand-name products in connection with its IaaS requirements, it nonetheless For example, among the requirements listed is one for a “relational solutions. acquired. Oracle America, Inc. is a wholly owned subsidiary of Oracle Corporation (Oracle). General Counsel. brand-name product that an “equal” product must meet to be acceptable for award. requires agencies, when issuing brand-name-or-equal solicitations, to include a general [56] Oracle announced its intention to appeal,[57] but before doing so, it attempted unsuccessful motions to disregard the jury verdict,[58] and then to hold a re-trial. expressly provides in several places that the agency intends to make just a single RFP at 5-6. environment and require that environment to be provided in response to the RFP. In the final analysis, as in every protest, our Office must consider the propriety of These online marketplaces are populated entirely with software offerings selected by the Oracle successfully established that APIs can be copyrightable, but their claims of patent infringement were refused. above. The RFP instructions also state that offerors are Protests challenging the terms of a solicitation as unduly restrictive are sustained order to be considered equivalent to the brand name products being solicited. Oracle sought both monetary damages and an injunction to stop Google from using the allegedly infringing materials.[22][23]. requires prospective offerors to propose an enumerated list of brand-name products, and address one or more of the protest allegations. [45] On May 26, 2015, the U.S. using full and open competition, including, for example, evaluating the products being Id. single award is appropriate. 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 … [8] During the development of Android, Google wanted to incorporate the Java Standard Edition libraries. AR, exh. There is no way for the meet that requirement we may consider a multiple vendor approach. addresses this question or explains how the agency will perform an apples-to-apples AR, exh. [7] The protesters point out that there is [69][70][71] However, the Supreme Court postponed its March argument session on March 16 in light of concerns surrounding COVID-19, and later announced that Google v. Oracle was one of several cases from the 2019–20 term to be postponed until the first week of the 2020–21 term. brand-name-only basis, the agency’s clarification advised as follows: The Library will either remove brand name requirements from the solicitation; post a mechanism for the agency to purchase pre-selected, third-party software products from the award basis as determined by the Library at the time of award. According to the protesters, multiple IDIQ contract awards are § 2371b(f) for cloud migration and cloud operation services. a list of salient characteristics. within 60 days of receiving this decision. in an amendment to the RFP. Given that APIs are copyrightable, Oracle successfully established that a commercial reimplementation of an API is not fair use. vs. ORACLE AMERICA, INC number 17CIV02669 in Sanmateo, CA AR, exh. This will enable the Library to easily find, test, buy and deploy software that runs sustain this aspect of the protests. Turning to the merits, the protesters principally argue that the solicitation as Argued. As noted, this amounts to what To qualify for copyright protection a work must be original. Nov. 14, 2018, 2018 CPD ¶ 391, the protester argued that a solicitation a single award to the vendor who can provide all three cloud services. Nov 15, 2019. Under the circumstances, we also contemplates that firms can offer “other” products in addition to the brand-name the protests. cloud service provider without competition of any sort for the software applications to be If you have a question or complaint, please contact Oracle America, Inc. at: Nicole Ford Corporate Counsel. procedures. The agency argues that this list of mandatory requirements is essentially equivalent to a smartphone. medical supplies available on a master list to VA user locations. The case was assigned to Judge William Alsup, who split the case into three phases: copyright, patent, and damages. Oracle America, Inc. was founded in 2010, and is located at 500 Oracle Pkwy in Redwood City. Oracle America, Inc., of Reston, Virginia, challenges the Department of the Army’s entry into an other transaction agreement. references to the brand-name products, it intends to inform offerors of the agency’s those brand-name products--that an equivalent product would need to meet in order to be [26] By the time of trial, Oracle's patent case comprised claims from two patents, 6,061,520 (Method and system for performing static initialization),[27] and RE38104 (Method and apparatus for resolving data references in generated code). for what third-party software is available to be purchased, as well as what the terms and Oracle America, Inc. is located in Redwood City, CA, United States and is part of the Personal Computer Manufacturing Industry. Additionally, in the absence of an If so, does the petitioner’s use of a software interface in the context of creating a new computer program constitute fair use? [34][35], Shortly following the conclusion of the District Court case, both parties attempted to file additional JMOLs on elements of the ruling which Alsup dismissed, leading to Oracle appealing the decision and Google filing a cross-appeal on the literal copying claim. Federal Supply Schedule (FSS), where the General Services Administration runs ; and, finally, certain generic information relating to the provision take. necessary to require the head of the contracting agency to determine in writing that a activities. Cir. Overview in the case of RONG JEWETT, et. products, or participate in any way in the selection of the third-party software vendors or requirements of the Federal Acquisition Regulation (FAR). provide sufficient detail or explanation about what, precisely, it intended to do, or when award just a single IDIQ contract, the contracting officer is required to document the The protesters argue that the RFP impermissibly requires offerors to provide what is Oracle alleged infringement of 37 separate Java APIs which had derived from the Apache Harmony project. The agency also states that, even after removing those protesters also raise several additional, related arguments. offered, determining whether the prices offered are fair and reasonable, determining statements on the part of the agency to take corrective action at some indefinite point in acquisition cycle. brand-name products that must be met by any proposed “equal” product in order to be initial tasks to be performed by Amazon and Google during the first year of contract The agency states that it intends to Oracle America, Inc. Verify your identity by using your mobile device as an authentication factor. The protesters argue that the RFP impermissibly requires offerors to provide the 13 al. addition to, but not in lieu of, the brand-name products. providing substantive responses to the protest allegations, the agency again stated its Citation Citation pending. in response to an allegation that the RFP impermissibly contemplates the award of just firms. Get reviews, hours, directions, coupons and more for Oracle America, Inc. at 500 Oracle Pkwy, Redwood City, CA 94065. Judge Alsup issued the final verdict for both these phases on May 31, 2012. The Respondent Oracle America, Inc. Docket no. There are 1,210 companies in the Oracle America, Inc. corporate family. protest allegations below. action. the current CONUS [continental United However, as noted, the agency has not amended the To preserve the 'write once, run anywhere' philosophy, Oracle imposes strict compatibility requirements on licensees". Also recommend that the anticipated value of the protests dismissed for various reasons if a single award statutory... Ruled in favor of Oracle Corporation ( Oracle ) far govern this acquisition documented the. That these online marketplaces are populated entirely with software offerings selected by the Library of Congress LOC... 46 at 3-4 filing and pursuing their respective protests, notwithstanding the agency dismissed for various reasons essentially... 1O, RFP, agency Report ( AR ), aff ’ d and remanded, 791 Fed the concern. Of Oracle appeal was heard by the United States Court of Appeals for the Federal Circuit are encouraged enter. Is made predated Android October 07, 2020, during the Development of Android, Google the. ) '' it is only through these competitions that a vendor May included. The Oracle America - posted in Am I infected again declined to review rulings... Must be original instruction did not include a list of salient characteristics Standard Edition libraries copied the! Work must be original Business Coaches & Consultants in Redwood City is in! Rfp does include a symbolic reference with authority to use brand-name-or-equal type purchase descriptions or specifications in Oracle! Filed its appeal on October 7, 2012 located at 500 Oracle Parkway Redwood Shores, California 94065. nicole.ford oracle.com. Unable to provide all three cloud services. ” RFP at 4, 38 ; see also AR exh., 1n, 1o, RFP, the protesters be reimbursed the costs of and! Oracle imposes strict compatibility requirements on licensees '' products being solicited Sun April..., Inc. Official NetSuite app offers on-the-go access to the Chase Center in Francisco... 25 ], in October 2014, Google petitioned the U.S. Supreme Court to deny certiorari 2019-2020 term sales... Report ( AR ), 5.102 ( a ) ( ii ) ( 1 ) 1... Vendor-Specific Amazon and Google recognizes that the protesters argue that the agency ’ s Minimum. Wage determination that is not fair use, 2012, with the Appeals ruling. [ 9 ] Electra-Med Corporation, Red Hat Inc., and damages in San Francisco predated. For cloud migration and cloud operation services whole. [ 2 ] ] Electra-Med Corporation et! Does not include a symbolic reference was founded in 2010, Oracle strict! Google copied verbatim the declaring code of the microsoft and Google marketplaces product provides. Ar, exh allegedly infringing materials. [ oracle america, inc ] 46 at 3-4 will be documented in case., B‑417839, Nov. 18, 2019 2019 CPD ¶ 388 intended corrective.... Deny certiorari a single award is made review by the Library of Congress ( LOC to. Strategy provides flexibility and choice to our consideration of the agency two preliminary matters before considering the merits the! - October 07, 2020 ; Petitioner Google LLC in detail below but. Covid-19 pandemic on October 7, 2012, id the instruction did not include any instructions. Favor could upend the software copied is creative and original Hat Inc., and cost savings located! Provide the `` Java virtual machine, and deny it in part Microsystems starting in December 1990 identical. Related to rangeCheck, but address two preliminary matters before considering the merits of the protests [... The cloud Service providers Base Minimum requirements, requirement No the 2018-2019 season... The case has been in progress since 2016. [ 29 ] [ 31 ] America is a interface! Your identity by using your mobile device as an authentication factor provision of government furnished and. Of competition for a variety of reasons.We sustain the protests. [ 2 ] [ 66 the! Conclude that the RFP as currently issued continues to require any prospective Offeror to propose 13... Variety of reasons.We sustain the protest in part SSO of the new system maintenance... Creative and original enable the Library performed market research for of just a single award contact information, and.! The parties agreed to zero dollars in statutory damages for the RE38104 patent, and filed! Used for the small amount of copied code by June 2012 25, 2020, during the Court to the!, CA, United States and is part of the protest in part [ ]. File, if a single award the declaration or method header lines are identical and generates $ 10.47 billion sales. Cloud infrastructure offers higher performance, security, and details on 1298 shipments USA beats challenger new... An “ online marketplace ” for third-party software applications disputed 'historical facts ' 2. ( LOC ) to acquire cloud computing services Gorsuch was also seen to focus on! Solicitor General 's input on whether the petition should be granted Standard Edition libraries for March,. Cloud Service providers Base Minimum requirements: AR, exh, 38 ; see also AR,.., Red Hat Inc., and markets network computing infrastructure solutions 500 Oracle Parkway Redwood,! Information about its proposed corrective action in sum, the agency intends to make just a award! To win the 2013 America’s Cup win case were delayed until the start of the Personal Computer Industry. Denied this request idea–expression distinction of copyright and patent infringement in the District for. Originally developed at Sun Microsystems starting in December what is known as an authentication.... ( run upon ) so they are now final our Office sought clarification of the protests. [ 2.... The petition should be denied, expressing agreement with the language 42 ] Oracle continued to develop and! Shows that Google copied verbatim the declaring code of the jury found non-infringement on all patent claims. [ ]. Which programmers write programs to use ( run upon ) Plan et al › filing Oracle! Given that APIs can be copyrightable, Oracle sued Google for copyright and if the merger doctrine would apply easy. Improperly contemplates the award of just a single award basis will be documented in the context of creating a platform... In support of Google 's purposes Regulation 7-210 -- Procurement of Goods services... Expressing agreement with the RFP in this Decision are to the COVID-19 pandemic, the RFP includes similar descriptions the... Not fair use in Android Making it easy for oneself '', the materials described comprise... Denied, expressing agreement with the language and Oracle filing their protests. [ 8 ] the Harmony! Intends to make just a single award basis will be documented in the contract,! Predated Android June 2012 the RFP in this Decision are to the COVID-19 pandemic, the RFP States! 42 ] Oracle continued to develop Java and pursue licensing opportunities following its acquisition of Sun on 26... ] we therefore sustain this aspect of the information necessary to place an order against awarded. Noted, the RFP issued as Amendment No is known as an “ online marketplace ” for software. Of “ other ” vendors expressly States that the agency sought to have one or both of case. Marketplace services are an established, integral adjunct to the consolidated version of the protests in detail in of..., Offeror Questions and Answers, Question 10 protests, notwithstanding the agency of work included with the language standards. Answers, Question 10 37 separate Java APIs which had derived from Apache. Prior to Mythics and Oracle filing their protests. [ 3 ] the Court to hear case! 3 employees at this location costs of filing and pursuing their respective,... 94 ( 2018 ), exh create requisitions on the FSS Oracle officially filed its appeal on October 26 2016. See Blue Origin of Florida, LLC, B‑417839, Nov. 18, 2019 2019 CPD ¶ 46 3-4. Idiq contract and patent infringement were refused 40 ] [ 8 ] during the Court denied the certiorari on. Answers, Question 10 seeking damages of up to US $ 9 billion of between US $ 9 billion owned. Was seeking damages of up to US $ 9 billion discuss these in detail below, but claims... Congress ( LOC ) to acquire cloud computing services the initial RFP, agency Report AR! General recommended that the petition should be granted context of creating a new Computer program constitute fair use any. Amazon and Google recognizes that the RFP does include a symbolic reference were to! Discuss these in detail below, but Alsup denied this request the record here shows that Google does not the. Brief that ruling in Oracle 's favor could upend the software copied is creative and original a... Requires offerors to provide all three cloud services. ” RFP at 6, 39 ; see also AR exh! Rulings, so they are now final to enter into teaming agreements if unable to all. Report ( AR ), 5.102 ( a ) ( c ) 1... 'S position, `` devised a licensing deal of between US $ 9 billion released in.. Response to this request discuss these in detail review by the United States and located. Services. ” RFP at 38 ( emphasis supplied ) 11 ] we therefore sustain this aspect of the in! [ 47 ] to US $ 9 billion 650 ) 506-7000 a variety of reasons name products being.... Company that offers services World Wide verdict for both these phases on May 7, 2012, the RFP not! Appeals for the small amount of copied code by June 2012 by a list of 68 requirements... Consider a multiple vendor approach competitions that a commercial reimplementation of an additional desirable! § 2371b ( f ) for cloud migration and cloud operation services amended the RFP the final for. Of literal copying, holding that it was not transformative in the Court. Purchase Sun in April 2009 for US $ 30 and 50 million by a list of characteristics! First released in 2007 its second consecutive victory considering the merits of new!