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the war continues ....

New evidence against Google's willful violation of rights of use of Java and Oracle

At the main competitor to Apple in the mobile platforms serious problems - found new critical evidence of guilt Google intentionally unlawful use of Java technology in the development of Android. In addition to the risk of losing the case, Google could face difficulties protecting patents from charges Android Apple and other competitors.

According to Florian Mueller (Florian Mueller) from FOSS Patents, evidence was obtained from the two emails, one of them is sent to the head of Andy Rubin, Google (Andy Rubin), the principal founder of the project Android, who later became a popular mobile platform Google.

At first Rubin (Rubin) came up with Danger - PDA with a mobile platform based on Java, then he started to work on Android (before he became part of Google) - and the Android platform has not been entirely based on Java, and was a modified version of software is modified enough to make Google free of patent claims Sun and paying any licensing fees.

Andy Rubin (Andy Rubin) - the openness of

Even back in 2005, before the release of Android, Rubin (Rubin) wrote:

"If the Sun refuses to work with us, we will have to choose: 1) abandon our findings and move to the use of languages ​​MSFT CLR VM and C #; 2) in spite of all use Java, and be prepared to defend its decision against its enemies, which may occur on our way ".

Referring to this letter, Müller (Mueller) notes the view of the judges on this subject:

«Google judged simply and unceremoniously, preferring to risk the possible start of litigation than fair to pay for licensing Java».

In a letter to Rubin (Rubin) clearly says that Android team is fully aware of the size of attachments to the platform on Java-based resources and effort, and believes that this was too much to move now to the alternative language proposed by Microsoft. However, Google does not agree to pay for the licensing of Sun Java, and, judging by the comments Rubin (Rubin), his company is going to just keep working and wait for developments, inviting the "enemies" to give adequate legal battle.

We need licensing negotiations Java»

A second email was written almost five after the first-mentioned, it is known as "draft Lindholm (Lindholm)». Here is a quote from the letter:

"So, what we really were invited to do [the founders of Google] Larry Page (Larry Page) and Sergey Brin (Sergey Brin), a study of alternatives to Java for Android and Chrome. We went through a lot of options, but none we could not find suitable. As a result, we believe that we must begin negotiations on licensing of Java on favorable terms to us. "

In response to this letter, the judge Elsap (Alsup), according to Florian (Florian), stated that

"Good counsel from Oracle will need this document (the draft of the letter) and the Magna Carta, to win the case and found that Google intentionally violates the rights of Oracle».

Google also has publicly accused the Oracle (the company that now owns the patent rights of Sun's Java), as well as Apple and Microsoft, «in the conduct of deliberate hostile campaign against the Android ... using bogus patents," without saying a word about whether the creators of Android by law to license the use of Java, or will they continue to deliberately refuse to do so.

Google tried to make this letter did not appear in the case against Oracle, claiming that the message Lindholm (Lindholm) is protected by law secret (the right to counsel not to disclose information received from the client). But the judge Elsap (Alsup) requirement rejected Google, noting that this "is not a full draft by e-mail," and that he had no one was sent. Then there was detailed in a Bloomberg article on the subject, and when Bloomberg asked for comments on Google, a company spokesman Kathleen Todhunter - Gerberg (Katelin Todhunter-Gerberg) said the refusal to comment on this question.

If Google would be guilty of a willful violation, Apple and others will be easier to sue him for Android

We can assume that Oracle is unlikely to get from Google's $ 2.6 billion in compensation for damages for unlawful use of Java in Android, and total control is likely to be reduced to the possibility of a settlement in principle, not to prove guilt Google Android for the use of Java .

The consequences of the settlement will be far more serious than paying royalties Android company Oracle, which, like Microsoft, is now far behind Google in terms of popularity of mobile platforms on the background of Android, located in the public domain. As the first of all developed mobile platform, Oracle Java (which is still licensed by Nokia Symbian and RIM BlackBerry) was in third place after the Android (on all producers devaysov total) and Apple iOS.

The judge, a leading cause Oracle, the plaintiff asked to rewrite the action in the damage to a portion thereof. But the argument about the independence of the Google of its revenues from advertising to business of Oracle and the calculation of the amount of damages the court disagreed. Instead, the judge accepted the arguments of Oracle's "theory of network effects" and said that Oracle may, in its assessment of damages to take into account some of the activities of the defendant in the U.S., non-mobile business.

Outcome of cases with guilty pleas Google's use of Java enables Oracle to punish the defendant three times. First, Oracle itself will receive its compensation, and secondly, competitors, Apple and Microsoft in particular, it will be easier to deal with search engine to prove infringement of its patent rights by the defendant, who had already been found guilty of willful violation of intellectual property, and, third, Android licensees also have the potential to fall under the same legal fire.

A few more reasons for headaches Google

Huge profits from the Internet - will allow Google ads without much effort to repay the court costs and to pay such compensation, but Android licensees may want to stop using "open" Google's software because of legal liability, which is fraught with such use.

Because Google itself to avoid any royalties, Microsoft and Oracle, then the licensees may fail to see Android in the use of Google mobile platform version of Linux / Java / Flash any advantage. Then it is logical to assume that they decide to do a better design your own unique software, as is already done Samsung (working with Bada), as HP's webOS, such as Nokia, in collaboration with Microsoft, and Motorola as its Linux.

Market introduction of many different mobile platforms will be on hand to Apple, which always showed the best results in a competitive market struggle than the struggle with one big monopoly platform. In addition, the legal dispute resolved against the Android, the platform will provide a great advantage alliance Nokia and Microsoft, as well as strengthen the position of Oracle with its JavaME. But, of course, the impact of Android in the first place, will open huge opportunities for Apple, which has now gone far ahead of Nokia, RIM, HP / Palm, and Microsoft.

A similar situation occurred with BSD Unix in the early 1990s - tyh, while the legal issues have helped Linux to get ahead - this platform has a good head start before the BSD, which for several years, nearly forgotten, and only in the last 5 years, Apple, entrenched in the electronics market itself, BSD Unix back in popularity.

The date of the final trial of Oracle against Google is scheduled on October 31, the companies still have time to negotiate. But it is doubtful whether Oracle wants to surrender and to reduce the amount of compensation to claim. In addition, Oracle may continue the judicial struggle with Google to solve ITC, and to ban imports of U.S. mobile devices based on Android, which will be further development in the mobile market, Google devastating.