In caseOracle v. Google United States Court of Appeals for the Federal Circuit reversed district court decision and send case back for determining damages. The case was brought by Oracle for software copyright violation by Google, which used Oracle's code in Google's Android operating system. Court of Appeals examined this case throughout four factor test used for demonstrating fair use, on which grounds Google based its defense. Based on this test Court found that Google use of this code was predominantly commercial sine it earns from commercials, even though Adroid, as such, is for free. The Court also rejected argument that its use is transformative and established that there is actual and potential harm since Google and Oracle compete on the same market.