Florian Muller in his blog FOSS Patents
published evidence that at least 43 Android source files appear to be directly copied from Java.
In addition to
Oracle’s lawsuit against Google for infringement of seven patents, Muller discovered material that Oracle can present in court as examples of copyright infringement in the Android code.
In particular, he found six files in one directory that were directly copied. All of them, apparently, were obtained using a decompiler. These files are part of both Froyo (Android 2.2) and Gingerbread (Android 2.3), unlike files submitted by Oracle.
In addition, Muller identified 37 Sun files with a “proprietary / confidential”
mark (
PROPRIETARY / CONFIDENTIAL ) and a copyright notice file that says “Do not distribute!” (
DO NOT DISTRIBUTE! ). These files appear to be related to the Sun Java Wireless Toolkit Mobile Media API. Unless Google has obtained a license for this code (which is unlikely, given the content and tone of these warnings), this is another violation.
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Interestingly, the original version of PolicyNodeImpl.java was also marked as “proprietary / confidential” (
PROPRIETARY / CONFIDENTIAL ) in Java version 5.0. In version 6.0, the file was already licensed under GPL 2. The official response from Google said that Oracle had changed the license. This is true, but it is clear that the original license was on the contrary stricter. In any case, whether under its own license, or under the GPL license, the corresponding code could not be relicensed under the Apache license by anyone other than the copyright holder (Oracle / Sun).
Florian Muller documented his research in nine PDF files with a total of 46 pages.
The first seven files (
1 ,
2 ,
3 ,
4 ,
5 ,
6 ,
7 ) compare the decompiled versions of files from Java 2 Standard Edition (J2SE) version 5.0 with the corresponding files in the Android source code. Lines with differences in content are marked in red. The number of differences is negligible. In most cases, these differences are limited to comments or a few movements that do not affect the logic of the program.
The sixth file is dedicated to the aforementioned PolicyNodeImpl, and in the “
8 PolicyNodeImpl source copyright notices.pdf ” is the text of two Oracle / Sun licenses used for this file. In no way could this file be Aplica relicensed.
The file "9 SJWT copyright notices.pdf" lists copyright notices found in 38 other files distributed under Android (a copyright notice file plus notifications found at the beginning of 37 source code files).
UPD. An alternative view on the situation: "
Oops: No copied Java code or weapons of mass destruction found in Android " (thanks to
destym for the link).
UPD 2. Continuation of this topic: "
The source code of Android, Java and copyright infringement: continued ."