By : Paul Hartsock
Source : http://www.technewsworld.com
Category : Patent Infringement
San Francisco courtroom is presently the center ring in the worldwide tech IP litigation circus. While other legal battles over mobile device patents and copyrights are as down and dirty as ever in places like Germany, Australia, and elsewhere in the U.S., the fight between Oracle (Nasdaq: ORCL) and Google (Nasdaq: GOOG) over the alleged theft of Java technologies stands out due to its cast of characters. The plaintiff started things off with an appearance from Oracle CEO and virtuoso trash-talker Larry Ellison, and then Google CEO Larry Page took the stand in his company's defense.
The trial also stands out due to what's at stake: On the line is potentially the future of the smartphone industry, not to mention a billion-dollar damages claim leveled by Oracle. That's the amount the company maintains it's lost thanks to Google's allegedly illegal use of Java code. Oracle acquired the rights to Java when it bought up Sun Microsystems in 2010, and it says Google ripped off the technology in order to build parts of Android, its mobile operating system. Google says it did nothing of the sort.
What makes the case murky is that Java is freely distributed -- but users still must obtain a license. The Larry-on-Larry action kicked off Tuesday with testimony from Ellison, who's never short on words when given a public forum for criticizing his enemies. He told the court that Google is the only company he knows of that doesn't have a license for Java. He implied Google created a "cheap knockoff" of his company's product. Oracle's lawyers also produced emails exchanged between top Google staffers, including Page, back before Oracle bought Sun. In them they discussed whether Google should get a license for Java or just plow ahead without one and deal with the consequences.
But Ellison's past came back to bite him too. Google attorneys dug up a 2010 speech he gave to developers in which he said they should be flattered that Android used Java.
Apparently one of Team Google's goals is to convince the court that Oracle was a one-time wannabe player in the smartphone world, but it decided that making a phone or software would be too difficult, so instead it's using the lawsuit as a way to shake Google down for a bite of Android's profits. Ellison admitted on the stand that Oracle at one time considered buying RIM or Palm but never actually went through with it.
Next up was Google's Larry Page. Courtroom accounts state that his grilling had the CEO staring at the ceiling sometimes when asked about various conversations that supposedly took place. The phrases "I don't know" and "I don't recall" were frequently repeated. When the should-we-or-shouldn't-we-get-a-license email was brought up, he claimed not to remember the exchange and to barely remember the employee on the other end of it, Tim Lindholm. Sorry, Tim.
The trial could drag on at length, and that billion-dollar damages claim isn't the only thing at stake. An Oracle win would be a big shock to the system for the smartphone market -- Google might have to rebuild a huge chunk of Android to eliminate the offending code, or pay up for proper license agreements.
But regardless of whether Google successfully defends itself, the splashback may also hurt Oracle, depending on how much it cares about Java as a technology rather than as a basis for a huge lawsuit. The sight of Oracle releasing the hounds on Google could have a chilling effect on the use of Java in general. With this suit, Oracle's sending the message that now that it's in charge of Java, it intends to keep it under tight control -- and sue the pants off anyone who colors outside the lines.
Source : http://www.technewsworld.com/story/Larry-vs-Larry-74922.html
Source : http://www.technewsworld.com
Category : Patent Infringement
San Francisco courtroom is presently the center ring in the worldwide tech IP litigation circus. While other legal battles over mobile device patents and copyrights are as down and dirty as ever in places like Germany, Australia, and elsewhere in the U.S., the fight between Oracle (Nasdaq: ORCL) and Google (Nasdaq: GOOG) over the alleged theft of Java technologies stands out due to its cast of characters. The plaintiff started things off with an appearance from Oracle CEO and virtuoso trash-talker Larry Ellison, and then Google CEO Larry Page took the stand in his company's defense.
The trial also stands out due to what's at stake: On the line is potentially the future of the smartphone industry, not to mention a billion-dollar damages claim leveled by Oracle. That's the amount the company maintains it's lost thanks to Google's allegedly illegal use of Java code. Oracle acquired the rights to Java when it bought up Sun Microsystems in 2010, and it says Google ripped off the technology in order to build parts of Android, its mobile operating system. Google says it did nothing of the sort.
What makes the case murky is that Java is freely distributed -- but users still must obtain a license. The Larry-on-Larry action kicked off Tuesday with testimony from Ellison, who's never short on words when given a public forum for criticizing his enemies. He told the court that Google is the only company he knows of that doesn't have a license for Java. He implied Google created a "cheap knockoff" of his company's product. Oracle's lawyers also produced emails exchanged between top Google staffers, including Page, back before Oracle bought Sun. In them they discussed whether Google should get a license for Java or just plow ahead without one and deal with the consequences.
But Ellison's past came back to bite him too. Google attorneys dug up a 2010 speech he gave to developers in which he said they should be flattered that Android used Java.
Apparently one of Team Google's goals is to convince the court that Oracle was a one-time wannabe player in the smartphone world, but it decided that making a phone or software would be too difficult, so instead it's using the lawsuit as a way to shake Google down for a bite of Android's profits. Ellison admitted on the stand that Oracle at one time considered buying RIM or Palm but never actually went through with it.
Next up was Google's Larry Page. Courtroom accounts state that his grilling had the CEO staring at the ceiling sometimes when asked about various conversations that supposedly took place. The phrases "I don't know" and "I don't recall" were frequently repeated. When the should-we-or-shouldn't-we-get-a-license email was brought up, he claimed not to remember the exchange and to barely remember the employee on the other end of it, Tim Lindholm. Sorry, Tim.
The trial could drag on at length, and that billion-dollar damages claim isn't the only thing at stake. An Oracle win would be a big shock to the system for the smartphone market -- Google might have to rebuild a huge chunk of Android to eliminate the offending code, or pay up for proper license agreements.
But regardless of whether Google successfully defends itself, the splashback may also hurt Oracle, depending on how much it cares about Java as a technology rather than as a basis for a huge lawsuit. The sight of Oracle releasing the hounds on Google could have a chilling effect on the use of Java in general. With this suit, Oracle's sending the message that now that it's in charge of Java, it intends to keep it under tight control -- and sue the pants off anyone who colors outside the lines.
Source : http://www.technewsworld.com/story/Larry-vs-Larry-74922.html
Nice blog part of an ongoing patent infringement lawsuit brought over mobile device patents Apple that claims earlier Samsung models also infringe on its patents.CA Patent Infringement
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