[myTouch 3G Slide General] drTestPilot:
Lets get is strait. Oracle(Sun at that time) open sourced Java runtime environment under GPL 2.0. But with one condition - they promised to sue anyone who will release incompatible version of Java runtime over patent infringements - while promised not to go after those who comply with Suns rules. Sun also reserved and kept full copyright over the code. So anyone (good example is Blackberry/RIM) who want to extend JRE and/or do not wish to release their code/modifications under GPL have to pay royalties to Sun (now Oracle).

Basic definition of open source - it is a freedom to modify source code and distribute modified software free of royalties or any other type of payments. Sun effectively forbidden any modifications of Java using patent threats. Even before this story started, GPL v.3 already addressed an issue (if someone release software under GPL 3 they are giving up patents rights). But the problem that Java is under GPL 2.

Here comes the Google. Google wanted to move into mobile market, but they did not like to pay any royalties. So they come with Dalvik, a Java VM that was written from scratch. Google also took Java libraries from Apache Harmony project. And they come up with their own java bytecode/compiled file format. So they haven't used a single line of code that was written by Sun, but their VM fully support Java syntax (but not .jar files!) plus many standard Java classes. And they don't owe anything to Oracle. Plus from developer point of view porting over most of Java projects relatively simple task. Worst of all for Oracle, Google released Dalvik under non copyleft license, so basically anyone could use it for any purpose - including handset manufacturers who do not wish to open source their code.

Now lets take a look at a bigger picture. There are more then a billion mobile phones were sold last year. Most of them of them do run Java plus most of them were sold on so called emerging markets. So many are relatively cheap handsets and price is an issue. And we are talking about billions $, dozens of billions $ over years to come revenue stream toward Oracle. Plus there are set top boxes etc. And here come absolutely free Dalvik and Apache Harmony. Harmony, another Java VM similar to Dalvik have it own issues: it do use standard .jar file container, some parts of it covered by Oracle's patents. Apache also participating in Java Community Process, and restricted by compatibility requirements set by Oracle. Process itself is under control of an Oracle, for example Oracle have exclusive veto right. And here come Davlik. Dalvik is absolutely free, don't use any patented parts(.jar and/or java bytecode) etc and so on. And legally clean. Sure Oracle don't like it. But what can they do?

FUD. That is Oracle's only option to postpone Dalvik adoption by cell phone makers. Oracle could not attack fundamentals of Dalvik - Java syntax not patented plus Oracle have absolutely no way to influence what libraries would be implemented by Google. So it sue Google over 7 patents, some attack decoding algorithms of VM (could easily be rewritten, maximum damage new algorithms would be slower then current). Some attack Dalvik compiled code format(.dex files). That is more serious, but maximum damage again won't be mortal for Dalvik or Android - worst case scenario Android 3.0 would not be able to execute .apk that were compiled for Android 1.5-2.2. But I'm sure Google will find a way to update apk that were already uploaded to Market without developers requiring to upload new version themselves. And a last, and very least attack is on Android SDK. That is not even worse discussing.

In my opinion, most likely scenario - Google will win the case. Worst possible outcome - Google would be fined, and will have to rewrite some portions of Dalvik plus make new versions incompatible with currently fielded .dex file structure. But one way or another court would take years, and Oracle would make everything humanly(corporatively) possible to prolong the process. The longer hardware manufacturers are in doubt about fielding Dalvik - the more profit Oracle would make from royalties.