Google Also Won Patent Dispute
Oracle learned firsthandand the hard way by spending millions on lawyeringthat it isn't such a simple proposition to nail a forker of open-source software to the legal cross. On May 23, Google and the open-source community won their initial legal victory when the 12-person jury in San Francisco unanimously found Google not guilty of infringing on two of Oracle's Java patents. The jury found that Google did not infringe on the two Java patents that Oracle had asserted in the caseU.S. Patent No. RE38,104 and U.S. Patent No. 6,061,520.
Oracle originally brought the lawsuit against Google in August 2010, alleging that the Android OS infringed both patents and copyrights for Java that Oracle acquired when it bought Sun Microsystems in January 2010.
On May 31, Oracle emailed the following statement to eWEEK:
"Oracle is committed to the protection of Java as both a valuable development platform and a valuable intellectual property asset. It will vigorously pursue an appeal of this decision in order to maintain that protection and to continue to support the broader Java community of over 9 million developers and countless law abiding enterprises. Google's implementation of the accused APIs is not a free pass, since a license has always been required for an implementation of the Java Specification. And the court's reliance on "interoperability" ignores the undisputed fact that Google deliberately eliminated interoperability between Android and all other Java platforms. Google's implementation intentionally fragmented Java and broke the "write once, run anywhere" promise. This ruling, if permitted to stand, would undermine the protection for innovation and invention in the United States and make it far more difficult to defend intellectual property rights against companies anywhere in the world that simply takes them as their own."Chris Preimesberger is eWEEK Editor of Features and Analysis. Twitter: @editingwhiz