News Oracle accuses Google of violating copyright infringement; android being an open source

Technoglitch

Core Member
In a trial at San Francisco federal court, Oracle Corp has claimed Google's Android smartphone operating system violated its copyright on parts of Java, a development platform. Alphabet Inc's Google unit said it should be able to use Java without paying a fee under the fair-use provision of copyright law.
In court on Tuesday, Catz said the decision by Google to distribute Android for free to phone manufacturers like Samsung undercut traditional licensing revenue those manufacturers paid for Java.

"It had a very negative impact," Catz said.

Samsung, for instance, reduced payments from about $40 million to about $1 million, Catz said.

Amazon had traditionally used Java to develop its Kindle reader, Catz said, but switched to Android for the Fire. When Amazon was developing a new reader, the Paperwhite, Catz said Oracle was forced to offer a 97.5 percent discount to entice Amazon to use Java.

Google has attempted to portray itself as a true innovator and claims Oracle only turned to the courts because it could not succeed in the market. Under questioning from a Google attorney, Catz acknowledged that Oracle had considered developing its own phone but did not pursue the project.

Jurors viewed an internal Oracle memo on its phone project, which concluded that Oracle had "very limited internal expertise to make smart decisions."

Oracle has argued that Google violated basic moral principles by using elements of Java without a license. During her testimony, Catz said she encountered Google general counsel Kent Walker at a bat mitzvah in 2012.

Oracle Co-CEO Says Google Caused Oracle Revenue to Plummet | NDTV Gadgets360.com


According to Catz, Walker approached her and said: "You know Safra, Google is a really special company and the old rules don't apply to us."

"And I immediately said: thou shalt not steal, it's an oldie but it's a goodie," Catz said.
 

Technoglitch

Core Member
2012 Jury
U.S. District Judge William Alsup has told the jury it’s already been established that the Internet giant infringed Oracle’s copyrights on the code. That finding, from a 2012 jury verdict and appeals court ruling, set the stage for the current trial over whether the copying was justified under the legal doctrine of fair use.

Witnesses for Google, including Schmidt, who testified that he helped create Java while at Sun Microsystems Inc. in the 1990s, have told jurors the company didn’t need to license the language’s application programming interfaces, or APIs, to build Android. The APIs at the heart of the lawsuit are indispensable shortcuts programmers use to work across software platforms, and to create applications for Android.

While cross-examining those witnesses, Oracle’s lawyers have hit upon a disconnect between that testimony and their e-mails while Android was being created. The e-mails showed Google executives and engineers were concerned that they needed, and failed to get, a license for Java from Sun, and after it was acquired, from Oracle. Some of the evidence shows Google was worried that failed licensing negotiations would trigger a lawsuit. Oracle filed its complaint in 2010, the year it took over Sun.

Oracle founder Larry Ellison called Java the most valuable asset his company ever acquired when that deal was announced in 2009. Ellison, who testified at the 2012 trial, was listed by Oracle as a possible witness this time around. Google last week showed jurors a brief clip from his videotaped deposition.



Oracle’s Catz Tells Jurors Google Plays by Own Set of Rules - Bloomberg
 
Top