Oracle is suing Google over Java.
I’m really curious to see what legal ground Oracle is going to be using considering that Sun’s previous CEO, Jonathan Schwartz, officially congratulated Google the day they announced Android:
I just wanted to add my voice to the chorus of others from Sun in offering my heartfelt congratulations to Google on the announcement of their new Java/Linux phone platform, Android. Congratulations!
Cached link, in case it gets removed.
This has always struck me as a very odd thing to do for a CEO considering that Android didn’t license Java (and as such, was not allowed to use the word “Java” anywhere). I’m guessing that such a blog post would count as a clear indication that Sun was not interested in aggressively defending the Java trademark, and once you go down that path, you lose a lot of credibility in court.
I think it’s going to be an uphill battle for Oracle, but I have to give credit to Larry Ellison for making the tough choices that the two past Sun CEO’s never had the courage to make.
#1 by Daniel Stutzbach on August 12, 2010 - 6:43 pm
The article states that Oracle is suing Google over copyrights and patents, not trademarks.
#2 by you see on August 12, 2010 - 10:09 pm
You see, that’s where you’re confused. That was then, this is now, different CEO. Beside, an oral congratulation is by no mean a contract at all.
#3 by Russell Beattie on August 12, 2010 - 10:37 pm
Actually, if you look at the statement carefully, Schwartz was asserting that he (and by proxy Sun) considered Google’s new product as a version of Java (TM), regardless of any alternate technology they may have used to implement it. So yeah, the reason it seems like an odd statement is that Google claimed Dalvik wasn’t Java, yet Jonathan congratulated them anyways. Why? Well, that reads to me as Sun not accepting Google’s use of Dalvik as a legitimate workaround to licensing Java from them – the language and functionality remained the same, regardless of the differing VM and Google’s claims otherwise – and Schwartz was making sure this was clear by calling Android a Java/Linux platform.
-Russ
#4 by MITCOES on August 13, 2010 - 1:24 am
AsI I do understand Java is open source, and Java EE not.
Where is the patent prolem?
Any Java EE code used, if it is, How?
What I should do is a Java fork from open java to make it an standard (faster and better) and make Oracle lose money and make it an advice to any company that wants to attack open source developments as Android.
MS losed vs. Linux, now is Oracle who will lose vs. Android (At least I hope so).
And of course, in legal terms Android foundation is a non profit where google makes more money because of pcket internet search use, mobile manufacturers for having a free OS for they smartphones, but Android do not sell its OS, anyone can do a fork.
The only thing they can do is ask to remove that code being not open in countries with software patents. And of course that code can be replaced by other that should do the same, better and faster.
I do not know why Oracle has to pay this lawyers / liers – I’m spanish, and I did misspronunced my mother’s job to an english friend and it became a jocke-.
#5 by MITCOES on August 13, 2010 - 1:54 am
I forgot one idea:
What if Google makes a open source fork of MySQL or any other database product better than Oracle to attack Oracle database clients base?
War is open, lets see who has more weapons.
#6 by Richard McCutchen on August 13, 2010 - 11:08 am
I’m loving this and hope it costs Google and dearly. It’s funny, when Microsoft was sued by Sun over patent infringements when it comes to the JVM everyone crucified Microsoft for it, now Google does the same thing and it’s somehow OK for Google to do it
#7 by Jon Court on August 13, 2010 - 12:14 pm
The only people who benefit from this is the lawyers – the same as it was between Microsoft and Sun. It’s a bit pathetic and the ethics are questionable.
The scare here is not that two big corporates are going at it with handbags at 20 paces, it’s more that it shows that Oracle can’t be trusted to support the Java platform in an open and consultative way. It’s all about the money (which i guess is to be expected) and not about the quality of the platform or helping people get ahead in the space. It show’s they’re capable of things that are detrimental to the platform – such as starting to require license fees to even use it, or adding things which may support Oracles technology stack and be detrimental to the others. This suit in and of itself is nothing – it’s just a portent that frightens the hell out of me. It had to be coming though given that the poor trust Oracle has in the java community is likely grounded in experience.
Jon
#8 by Monarky on August 14, 2010 - 12:12 pm
Dalvik is registry based rather than stack based. The only thing Google has been using and that since 2005 when they bought Android (which had been in development since 2003) is java code language for it’s programmers to feel comfortable. All executables are .dex and no java bytecode is ever used. How can Oracle even dream of winning when the code has been meticulously groomed to not contain any java bytecode? It’s Oracle suits getting fooled by liar/lawyers out to make a buck off them and their greed. If dumb ass know nothing juries will see through this.
And really….. Android is written under the Apache license and if anything contains Apache bytecode. But how can it, if it’s coded in Dalvik .dex executables? Oracle will be a laughing stock after this display of so much ignorance. Open Solaris? They shut that down too, but that won’t stop forks from being written and all Google has to do is show they improved java, which they obviously have (multitasking, registry based, .dex executables, etc).
Oracle’s claims will be just blowing in the wind or worse launching Oracle and Sun Products into Self Destruct Mode with Open Office it’s next victim. Oracles Belligerent Greed will be their Death Nil. They rely on Open Source Community Co-operation and you’d never catch smarter corporate powers making these lamest moves. Oracle is about to become the next SCO! haha…… just thought of something that could spur them to do such asinine things and M$’s backdoor funding of SCO came to mind. What company out there would benefit from problems for Google Android and has the means to backdoor fund Oracle? ….YES Apple or should I say CrApple!!! …the little Dennis the Menace Steve iHitler Jobs and company!!!
#9 by Miroslav Pokorny on August 15, 2010 - 4:26 pm
Google could avoided the cost in both monetary as in payments and the possibility that some manufacturers are fearful of this sort of thing if fthey had just bought Sun for Java. The money they have already spent on purchasing the original Dalvik company, researching their legal position on using Harmony, legal costs in this upcoming case, potentially yearly licensing fees will amount to more or perhaps close what they would have spent on buying Sun in the first place.
Given the traction and investment in Android, its no wonder oracle want to get some of that 7B$ back and given that Google has a lot of money in the bank this is no surprise.
#10 by Maurice Thrower on August 25, 2011 - 1:52 pm
Since Java is open source what is Ellison bitching about? The guy’s ego is bigger than his bank account! Bravo to Google for Android. I agree with Monarky, Oracles greed will be their undoing! go ahead Larry, make the lawyers richer because your behavior is not serving the community.