Oracle sues Google over Android... oops...

Bahamut

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Well this could turn nasty really fast: Oracle apparently has some problems with Google and Android using Java code on some level(s) so...

http://www.computerworld.com/s/article/9180645/Oracle_sues_Google_over_Java_use_in_Android

Link to the actual complaint (PDF):

http://stadium.weblogsinc.com/engadget/files/oracle-google.pdf

Very nasty indeed... I kinda wondered when something like this might come along considering Oracle's acquisition of Sun and obviously the Java ecosphere itself. Hope Google's ready to roll, maybe they were expecting it themselves, who knows, but we'll find out.
 
For those too lazy or confused:
Patent Infrigements (7):
Protection domains to provide security in a computer system 6,125,447
Controlling access to a resource 6,192,476
Method and apparatus for pre-processing and packaging class files 5,966,702
System and method for dynamic preloading of classes through memory space cloning of a master runtime system process 7,426,720
Method and apparatus for resolving data references in generated code RE38,104
Interpreting functions utilizing a hybrid of virtual and native machine instructions 6,910,205
Method and system for performing static initialization 6,061,520

Copyright Infringement:
"The Java platform contains a substantial amount of original material (including
without limitation code, specifications, documentation and other materials) that is copyrightable
subject matter under the Copyright Act, 17 U.S.C. § 101 et seq."

Prayer for Relief
1. Stop violating copyright
2. Destroy/Impound all copies of copyright infringing items
3. Pay Oracle for calculated damages with pre-judgement/post-judgement interest
4. Pay for royalties
5. Pay for the lawsuit

Some of this might hold water, like '720. Copyright section doesn't sit with me since Java was proclaimed as free software under the GPL by Sun and FSF in 2005. That kind of defeats a lot of the other patents imo, but I'm not a lawyer and this legalese is really hard on my brain.
 
This could deal a major blow to both Java and Android. Did you hear that noise? It was Steve Balmer getting the biggest hardon ever.
 
For those too lazy or confused:


Some of this might hold water, like '720. Copyright section doesn't sit with me since Java was proclaimed as free software under the GPL by Sun and FSF in 2005. That kind of defeats a lot of the other patents imo, but I'm not a lawyer and this legalese is really hard on my brain.

There is a writeup on swpat.org as well: http://en.swpat.org/wiki/Oracle_v._Google_(2010,_USA)

The GPL doesn't matter since Android doesn't derive from the GPL VM, but the language spec might:

As suggested by Bruce Perens,[2] Oracle's position may be weakened by this grant in the Java Language Specification:[3]

Sun Microsystems, Inc. (SUN) hereby grants to you a fully paid, nonexclusive, nontransferable, perpetual, worldwide limited license (without the right to sublicense) under SUN's intellectual property rights that are essential to practice this specification. This license allows and is limited to the creation and distribution of clean room implementations of this specification that:
(i) include a complete implementation of the current version of this specification without subsetting or supersetting;
(ii) implement all the interfaces and functionality of the required packages of the Java 2 Platform, Standard Edition, as defined by SUN, without subsetting or supersetting;
(iii) do not add any additional packages, classes, or interfaces to the java.* or javax.* packages or their subpackages;
(iv) pass all test suites relating to the most recent published version of the specification of the Java 2 Platform, Standard Edition, that are available from SUN six (6) months prior to any beta release of the clean room implementation or upgrade thereto;
(v) do not derive from SUN source code or binary materials; and
(vi) do not include any SUN source code or binary materials without an appropriate and separate license from SUN.
There is an emphasis in all these clauses about subsetting or supersetting, which Android does, AFAIK it is not a complete implementation of the Java and standard libraries, but a subset of those.
 
For those too lazy or confused:


Some of this might hold water, like '720. Copyright section doesn't sit with me since Java was proclaimed as free software under the GPL by Sun and FSF in 2005. That kind of defeats a lot of the other patents imo, but I'm not a lawyer and this legalese is really hard on my brain.


Sun GPL'd Java, but added an exception to the license to allow applications that link against Java from having to release their code, however they didn't now add that exception to Mobile Java's code. If you use Mobile Java, you owe Sun/Oracle money for a license. Google didn't use Mobile Java, but built it's own runtime, but Oracle's case is that Google is crawling with people who have directly worked with Java, and as a result it's impossible for them to properly reverse engineer a runtime. To be fair, Sun warned them about it at the beginning but didn't sue. Oracle is probably just looking at it as another situation of Sun leaving money on the table.
 
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