By Another important milestone in the case between Google and Oracle has been reached. Both sides have presented their closing arguments, meaning they’ve exhausted all of their firepower and are now ready to let the judge and jury make their verdicts.
Oracle closed by saying Google’s wrongdoing is evident due to the chain of emails between Eric Schmidt, Andy Rubin, and Tim Lindholm where all parties acknowledged the licenses needed for them to use Java to construct Android.
They also declined to respect Google’s claim of fair-use, stating that Android, while free to license, is still used as a commercial product to gain revenue. They are no doubt referring to revenue generated by mobile searches, ads, and the cut they get from paid apps in the Google Play Store.
Google fired back by saying that Oracle’s idea that SSO (structure, sequence, and organization), in terms of the 37 APIs Google infringes on, can be copyrighted was made up to support their lawsuit.
They also point out that out of 15 million lines of code in Android, only nine lines infringe on these patents. Finally, Google expectantly cited Sun’s former CEO Jonathan Schwartz, who admitted Sun allowed Google to use the code without legal recourse. The agreement was never formal, but it could go a long way for Google.
With that, we may be extremely close to the moment of truth. Will Google be allowed to carry on with Android like they always have, or will the judge rule in favor of Oracle? And, if the latter takes place, what would it mean for Android? It’s all very interesting and we patiently await the results of this significant battle. [via The Verge]
Verdict: guilty as charged
Penalty: Google to pay Oracle the sum of $1.00
That to me would be a fair judgement. Oracle can claim a win and the rest of the java world won’t have to fear endless lawsuits from them in the off chance they took 9 lines of code from the API.
Verdict: Oracle shouldn’t have been allowed to buy Sun
Penalty: Oracle divest all assets and personnel previously employed by Sun into the Mozilla Foundation
That to me would be a fair judgement. Oracle can get what’s coming to it and the rest of the java world won’t have to fear endless lawsuits from them in the off chance they took 9 lines of code from the API.
Correction to your story: the question of patent infringement hasn’t been tried yet. This trial has multiple stages and only the copyright stage has been presented, the patent stage is what’s up next.
God damn software patents.
….and don’t forget those half Japanese girls…
Why, it not the half Japenese girls that are trying to do away with little free green robots…
They do it to me EVERY time!
You sir, recieved a ‘Like’ for the El Scorcho reference.
Awesome cause for a minute there… I thought I had to explain myself… And that I was really, really, old.
Who’s worse, Oracle or Apple? I just don’t know any more with how often and violent they are with their attempts to take advantage of the atrocious patent system with these ludicrous lawsuits… :(
Google has used tons of code without paying a dime for licenses and Oracle is the “evil”? LOL. Come on guys, use that small brain you have.
There are 9 lines that are similar (API) of 13 000 000 lines of code!
Google should have to pay $1 million for every percentage of lines of code that were copied. At 0.00006 percent, that sounds about right. The amount of lines copied puts the entire suit into perspective, ludicrous on every level.
The heart of the lawsuit is not whether or not they copied the majority of the code (implementation), but whether they were allowed to copy, without licensing, the API definitions that consisted of 37 packages, 400 classes, 4500 methods, 7000 declarations. Those are the same in Java and in Android.
For proper coverage of the past 2 weeks of trial, go to http://www.groklaw.net
IANAL
#1 Only one portion of the trial is complete.
#2 Oracle is screwed. The memos starting that they were not going to pursue Google are Damning.
#3 If the glove doesn’t fit, you must acquit.
#4 – If Chewbacca lives on Endor, you must acquit!
#5 – Here. Look at the monkey! Look at the silly little monkey! *heads explode*
I hope the jury is full of android fanboys.