Oracle Receives Court Permission to Use Google's Email in Java Patent Case
October 21, 2011 9:33 AM
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Google had fought to keep Oracle from using the email against it
Oracle sued Google
for patent infringement concerning the Android mobile operating system. Oracle claimed that Google had infringed on Java-related patents and copyrights, and Oracle had purchased the rights to Java in 2009 when it purchased Sun Microsystems for $5.6 billion.
Google said it had looked into using other programming languages for its Android mobile operating system, but they apparently didn't meet Google's standards.
"Java is essential for Android," said Al Hilwa, of research firm IDC. "Since Android has been out there for more than a year, most people would have expected they were in compliance with whatever license terms apply."
Not long before Oracle filed its lawsuit, Google had created an email saying that it needed to "negotiate a license for Java." Once the lawsuit erupted, Google fought to keep the email from being used by Oracle in the case.
But now, U.S. District Judge William Alsup ruled in an order on Thursday that the email is not protected by the attorney client privilege.
"Google has failed to identify any aspect of the challenged order that was clearly erroneous or contrary to law," said Alsup in the ruling.
While this doesn't look good for Google, Alsup already
partially granted a request by Google
to throw out Oracle's $2.6 billion in damages, saying that 90 percent of the Oracle patents were ruled invalid.
Reports have also noted that Google could
drop parts of Java's J2SE code
from the Android mobile operating system and avoid further Java-related issues with Oracle.
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RE: This is a big deal
10/23/2011 5:23:26 AM
They would only need a license if they used Suns Hotspot JVM and class library neither which they used. There are others who build royality/license free Java-implementations that is used in commercial products for example in Bluray players to support BD-J from major companies without paying Oracle America nothing. They simply opted to not use Java from Sun. Nothing strange, doing the alternative to build an unlicensed implementation of C# like Novell with licensing did would have been strange however, neither does Dalvik itself have anything to do with Hotspot or other VMs, neither are others virtual machines safe from any patens.
"Google fired a shot heard 'round the world, and now a second American company has answered the call to defend the rights of the Chinese people." -- Rep. Christopher H. Smith (R-N.J.)
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