Extreme Measures: Oracle threatens to win a six-year patent war, revealing Google’s sensational details
Oracle has been suing Google since 2010. Google is accused of illegally using Java code for developing Android and other search engine products. To win a perennial trial, Oracle threatens to reveal sensational details about the Google Android business.
One part of the lawsuit concerns copyright infringement, the second - infringement of patents owned by Oracle, and the third part - the requirement of Oracle to compensate for the loss suffered.
In the first part of the lawsuit, by now, the jury found that Google copied part of the Oracle code. However, the judge rejected the jury’s decision and ruled in favor of Google. The appeals court then took the side of Oracle, and the Supreme Court refused to take the case, leaving Oracle as the winner.
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Oracle even provided copies of the copied code. According to her estimates, "about a third of the Android API packages " are "derived from Oracle's copyrighted Oracle Java API packages."
May 9, 2016 will begin a new phase of the proceedings between Oracle and Google. Now the new jury will decide whether Google really had the right to use Java code for free. If they decide no, they will have to determine how much Google owes Oracle.
In 2011, Oracle demanded $ 6 billion from Google, accusing the Internet company of illegally using part of Java in the Android platform. Then the judge did not agree with this amount, calling it too large.
Oracle expects to convince the jury that Google must compensate for billions of dollars in damages.
Google cites a legal doctrine called fair use. It allows the free use of copyrighted materials subject to certain conditions.
Fair use means that Google has the right to use Java for free and not to pay anything to Oracle.
District Judge William Alsup, who is considering the case, on March 3 expressed the fear that Google and Oracle could use their technological capabilities to search jurymen for compromising and disrupt the court.
Google has agreed not to use its technological capabilities to study the personalities of the jury, who will participate in the meeting on the suit of Oracle to the search engine, writes Ars Technica.
Oracle may recall stories of how Google scared Android’s iPhone competition. Google realized that it was necessary to take measures that would allow it to own the mobile market, otherwise the company could be on the sidelines for ten years, writes CNews with reference to Business Insider.
In January 2016, Oracle has already told (by appending Google’s internal documents to it) that in 2014, the search corporation paid Apple $ 1 billion to keep Google’s search on the iPhone pre-installed by default.
Oracle didn't even own Java when, in 2008, Google entered the world market with Android OS. Then the owner of Java was the company Sun Microsystems . Oracle bought this company in 2009.
However, it is worth noting that Google did not own the Android OS from the very beginning. Google bought the company only two years after its foundation.
Google lawyers estimate that Android brought Google revenues of $ 31 billion and profits of $ 22 billion.
Google asked the court to ban Oracle from making public the confidential documents. Whose side he takes, is not yet known.
One part of the lawsuit concerns copyright infringement, the second - infringement of patents owned by Oracle, and the third part - the requirement of Oracle to compensate for the loss suffered.
In the first part of the lawsuit, by now, the jury found that Google copied part of the Oracle code. However, the judge rejected the jury’s decision and ruled in favor of Google. The appeals court then took the side of Oracle, and the Supreme Court refused to take the case, leaving Oracle as the winner.
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Oracle even provided copies of the copied code. According to her estimates, "about a third of the Android API packages " are "derived from Oracle's copyrighted Oracle Java API packages."
Copyright is violated “in relation to classes, definitions, organization and names of Java methods and parameters; the structure, organization, and content of the Java class libraries; content and organization of Java documentation. ”In January 2016, Google announced the move to the upcoming version of Android N on the OpenJDK platform. Perhaps this event is related to patent litigation. Official confirmation of this, the representatives themselves, Google refused to give. Google doesn't give up so easily.
Sessions continue
May 9, 2016 will begin a new phase of the proceedings between Oracle and Google. Now the new jury will decide whether Google really had the right to use Java code for free. If they decide no, they will have to determine how much Google owes Oracle.
In 2011, Oracle demanded $ 6 billion from Google, accusing the Internet company of illegally using part of Java in the Android platform. Then the judge did not agree with this amount, calling it too large.
Oracle expects to convince the jury that Google must compensate for billions of dollars in damages.
Google cites a legal doctrine called fair use. It allows the free use of copyrighted materials subject to certain conditions.
Fair use means that Google has the right to use Java for free and not to pay anything to Oracle.
Android is an operating system for smartphones, Internet tablets, e-books, digital players, watches, game consoles, netbooks, smartbooks, Google glasses, TVs and other devices.
Compromising
District Judge William Alsup, who is considering the case, on March 3 expressed the fear that Google and Oracle could use their technological capabilities to search jurymen for compromising and disrupt the court.
Google has agreed not to use its technological capabilities to study the personalities of the jury, who will participate in the meeting on the suit of Oracle to the search engine, writes Ars Technica.
Oracle may recall stories of how Google scared Android’s iPhone competition. Google realized that it was necessary to take measures that would allow it to own the mobile market, otherwise the company could be on the sidelines for ten years, writes CNews with reference to Business Insider.
In January 2016, Oracle has already told (by appending Google’s internal documents to it) that in 2014, the search corporation paid Apple $ 1 billion to keep Google’s search on the iPhone pre-installed by default.
Backdating claims
Oracle didn't even own Java when, in 2008, Google entered the world market with Android OS. Then the owner of Java was the company Sun Microsystems . Oracle bought this company in 2009.
The deal amounted to $ 7.4 billion (in fact, the amount of money paid was close to $ 5.4 billion, since Sun had about $ 2 billion in cash). This means that from the very beginning, Oracle has demanded that Google pay more for its copyright infringement on Java than Oracle itself paid for all Sun assets, including Java.
However, it is worth noting that Google did not own the Android OS from the very beginning. Google bought the company only two years after its foundation.
In 2003, Andy Rubin and his comrades (Nick Sears, Chris White and Rich Miner) decided to create a mobile operating system and registered Android Inc. Developers first focused on devices that could be constantly with users, determine the location by GPS and automatically adjust to the needs of the person.
In July 2005, Android Inc. bought by google corporation. On November 5, 2007, the company officially announced the creation of the Open Handset Alliance ( OHA ) and announced the open mobile Android platform, and on November 12, 2007, the alliance introduced the first version of the Android Developer package “Early Look” SDK and Android emulator.
Google lawyers estimate that Android brought Google revenues of $ 31 billion and profits of $ 22 billion.
Google asked the court to ban Oracle from making public the confidential documents. Whose side he takes, is not yet known.
Source: https://habr.com/ru/post/299298/
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