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Oracle Sues Google Over Android

By - Source: Tom's Hardware UK | B 9 comments

Oracle has filed a patent and copyright infringement suit against Google.

Oracle yesterday released a short but sweet press release announcing that it was taking legal action against Google in relation to alleged copyright and patent infringements involving Android and Java.

"In developing Android, Google knowingly, directly and repeatedly infringed Oracle's Java-related intellectual property," said Oracle spokesperson Karen Tillman. "This lawsuit seeks appropriate remedies for their infringement."

The complaint, filed in the U.S. District Court for the Northern District of California, argues that Google is using Java-derived technologies without proper licensing and as such, claims that Android, and any device running Android, infringes upon one or more of seven patents owned by Oracle. CNet reports that Oracle acquired the patents in question when it bought Sun Microsystems in April of last year.

The suit also points out that Google must have been aware of Sun's patents because the CEO of the search giant, Eric Schmidt, led the team that developed Java at Sun prior to taking on the roll of CEO at Novell.

"Google has been aware of Sun's patent portfolio, including the patents at issue, since the middle of this decade, when Google hired certain former Sun Java engineers," CNet quotes from the suit.

Google says it has not yet been served with the lawsuit, and couldn't comment until it had had time to review it.

Read the full story here.

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  • 0 Hide
    x3style , 14 August 2010 18:28
    Every time someone does something great he gets sued by some patent crap dispute.

    So copyright,patenting and trademarking is suppose to protect and flourish our technology. How the F### does that happen?
  • -1 Hide
    Silmarunya , 14 August 2010 18:31
    x3styleEvery time someone does something great he gets sued by some patent crap dispute.So copyright,patenting and trademarking is suppose to protect and flourish our technology. How the F### does that happen?


    If you do something great and use something that someone else invented, you're supposed to pay him for it.

    Imagine I invent the jet engine and a month later you invent the airplane. You use my engine without paying me for it, is that fair? You did something great, but you stole something from me.

    If Google infringed Oracle's patents, Oracle should get paid, end of story.
  • 0 Hide
    LePhuronn , 14 August 2010 18:36
    Heaven forfend that a patent holder files suit to protect their property instead of waiting for years after the event just to get more money.

    You'd think if there was a case to be made, Sun Microsystems would've filed suit last year and made a few quid by now, never needing to sell up after all.
  • Display all 9 comments.
  • 0 Hide
    princeofdreams , 14 August 2010 18:44
    SilmarunyaIf you do something great and use something that someone else invented, you're supposed to pay him for it. Imagine I invent the jet engine and a month later you invent the airplane. You use my engine without paying me for it, is that fair? You did something great, but you stole something from me.If Google infringed Oracle's patents, Oracle should get paid, end of story.


    Actually no, have you read the lawsuit? do you know what code is infringed? NO, now it may well be that Google has either knowingly or unknowingly but if so why didn't it get mentioned when Android was released? Why only mention it now when Android is taking over the market share for smart phones? Lets face it Android is open source it is not like Oracle/Sun have had to break the code to see what was in there

    No it is just a case of Oracle wanting money for nothing, i dare say the IP they are suing for wont even be in use by Java but just some randomly patented code they were hoping to sue for later should anyone ever try to use it. Well Oracle/Sun may be big but Google is bigger should be an interesting fight
  • 0 Hide
    cammmy , 16 August 2010 08:41
    PrinceofdreamsActually no, have you read the lawsuit? do you know what code is infringed? NO, now it may well be that Google has either knowingly or unknowingly but if so why didn't it get mentioned when Android was released? Why only mention it now when Android is taking over the market share for smart phones? Lets face it Android is open source it is not like Oracle/Sun have had to break the code to see what was in thereNo it is just a case of Oracle wanting money for nothing, i dare say the IP they are suing for wont even be in use by Java but just some randomly patented code they were hoping to sue for later should anyone ever try to use it. Well Oracle/Sun may be big but Google is bigger should be an interesting fight


    If someone stole something from you, and whether or not you got it back was down to how well your case in court was prepared. Would you rush into it without a proper argument to present?

    Now what if that stolen item was worth millions of dollars. Would you still rush in without sorting out your case first?

    If Google knowingly infringed these patents, why should Oracle rush to court with a half baked case to present? They would risk losing everything for no reason. Why not wait until you have all your arguments prepared as best you can? When talking about multi-million dollar lawsuits, that kind of thing isn't done in a month.
  • 1 Hide
    shanky887614 , 16 August 2010 16:58
    Quote:
    If you do something great and use something that someone else invented, you're supposed to pay him for it.

    Imagine I invent the jet engine and a month later you invent the airplane. You use my engine without paying me for it, is that fair? You did something great, but you stole something from me.

    If Google infringed Oracle's patents, Oracle should get paid, end of story.



    nah its more like he looks at your engine and creates your own

    personally i dont think they should be able to patent everything in software and electronics just becasue you have created a certain way to create a calculator in code dosnt mean you should stop everyone using it or anything like it

    anyway if they are foced to google will just slighty tweak the code and problem solved thats why there are the problems now with drugs that offer legal highs becuase they are things like canabis with an extra molocule or bit of oxygen added or something and then it still has the same affects as canabis but is a new drug and therefor not illegal

    it is the same in software although it is slightly more complicated
  • 1 Hide
    shanky887614 , 16 August 2010 17:06
    Quote:
    If someone stole something from you, and whether or not you got it back was down to how well your case in court was prepared. Would you rush into it without a proper argument to present?

    Now what if that stolen item was worth millions of dollars. Would you still rush in without sorting out your case first?

    If Google knowingly infringed these patents, why should Oracle rush to court with a half baked case to present? They would risk losing everything for no reason. Why not wait until you have all your arguments prepared as best you can? When talking about multi-million dollar lawsuits, that kind of thing isn't done in a month.



    you dont undersstand do you

    oracle have not lost money or had an item stolen at all

    for it to have been stolen they would have had t o have lost something which didnt happen and how do you think they got hold of the software anyway, sun gave it to them although it was for another project, they still gave them it so technically its not stealing and if it was called anything it would be called piracy becasue piracy is just cloning something without permission

    stealing is taking a phisical object from a said person or company

    can you people learn basic laws before you even coment on things like this

    i respect your opionins but as uneducated as you are in this field it is not worth the breath or the time
  • 0 Hide
    swamprat , 16 August 2010 17:35
    Pinching an idea or knowledge should be prevented, the fact that you might not take something physical and the other person can still use it does not mean that there's not something that ought to be offered protection by law. If not then going back to the engine etc analogy, why spend $#m developing your own technology when you can just copy what someone else did? Similarly, why develop technology at all if it's ok for your competitors to just pinch it.

    That said, software concepts should not generally be subject to patent (imho), copyright covers the actual code. There are some things such as encryption techniques that might warrant it, but in general there should be proper innovation / invention to get a patent, not vague concepts.

    I've no idea what patents Oracle say they have or how they've been breached, so can't comment properly.
  • 0 Hide
    princeofdreams , 16 August 2010 20:18
    Patent laws have become out of control, and people patent things they don't have the right to, for example every genome and DNA strand in your body is now patented, something that occurs through nature, no one created them, they just mapped them and then patented them, so that should anyone discover a treatment using DNA (naturally occurring) then they have to pay these companies for the right to use DNA.

    Well I am sorry that is total crap, you can't patent my body and everyone else's body, that would be like patenting an oak tree, or the idea of using an eye for sight. Nor can you patent a small sequence of code (IMHO) it is like music there are only so many notes, so many octaves, you cant patent the note C for example so no one else can use it.

    At the end of it all, whether it is Java, C++, unix or any other myriad of coding systems it all gets converted to machine code to run, it all ends as a binary sequence before coming to the CPU, and who holds the rights to Binary? Imagine if they sued just about everyone in the world over it's use, what then an end of computing?

    And I refer to my original post, the source code for Android is OPEN, it has been available to Sun for 2 years and yet only NOW have they raised this issue, why not approach Google when they first released the code to Sun and everyone else? Because Sun knew this code was needed in Android to run Java apps, hence increasing Sun's market share within the smartphone market. Now Oracle have bought Sun they have seen this code being used and just want to make a quick billion. I really hope the judge laughs them out of court...