Oracle Claims It Will Prove Google Stole Java APIs to Build Android

Published: Apr 16, 2012
Updated: Feb 2, 2021
3 minute read
eWeek のコンテンツおよび製品のおすすめは、編集上の独立性を保っています。パートナーへのリンクをクリックすると、当社が報酬を得る場合があります。 詳細を見る

Oracle attorney Michael Jacobs came out swinging hard at Google on April 16 in his opening argument as the company began its $1 billion copyright-infringement lawsuit against the Web services giant in federal district court in San Francisco.

Jacobs, a partner in the Palo Alto, Calif.-based (APIs) Morrison & Foerster law firm, attempted to convince a 12-person jury and presiding Judge William Alsup that Google IT managers were quite aware that they used proprietary Java application programming interfaces owned by Oracle to create the Android mobile-device operating system — one that now runs more than 300 million smartphones and tablet PCs.

In an opening statement that went for about 60 minutes, Jacobs said Oracle “will prove to you from beginning to end … that Google knew it was doing the wrong thing.

“This case is about Google’s use, in Google’s business, of somebody else’s property without permission,” Jacobs said. “You can’t just step on someone’s IP because you think you have a good business reason for it.”

Oracle first filed suit in August 2010, claiming that Google illegally used seven Java APIs that Oracle owns to help build the Android operating system. Google contends that the APIs it uses cannot be copyrighted because doing so would be similar to copyrighting a technique used to perform a task. Legally, techniques are not considered intellectual property.

Internal Google Emails Shown to Jury

Jacobs showed the jury a group of Google emails from 2005 to help state his case. In that year, several months before Sun released Java to the open-source community in November 2006, Google Android team manager Andy Rubin sent an email to Google co-founder Larry Page proposing to buy a license for Java and its APIs. “We’ll have to pay Sun for the license,” Rubin said in the email.

But an email two years later from Rubin to then-CEO Eric Schmidt shows that Mountain View, Calif.-based Google “consciously decided against taking a license,” Jacobs said.

“I’m done with Sun (tail between my legs, you were right),” Rubin wrote to Schmidt. “They [Sun] won’t be happy when we release our stuff.”

Judge Cautions Both Teams About Evidence

At one point, Judge Alsup warned both legal teams that they will need “to show good cause for any evidence submitted at trial to be kept from the public,” and that unsavory details about either company might go into the public record.

Advertisement

“Unless it’s the recipe for Coca-Cola, it’s going to be public,” Alsup said. “If it reveals something embarrassing about the way one of these companies works, too bad. That’s going to be out there for the public to see.”

Google’s lawyers from the San Francisco firm of Keker & Van Nest will present their opening statements April 17.

Selection of the 12-person jury began early April 16 at the Phillip Burton Federal Building and U.S. Courthouse in downtown San Francisco. The court clerk said the trial could go as long as 10 weeks.

Redwood Shores, Calif.-based Oracle is asking the U.S. District Court in Northern California for $1 billion in damages and an injunction against Google from using its IP in Android.

Chris Preimesberger is eWEEK’s Editor for Features and Analysis. Twitter: @editingwhiz

Chris Preimesberger

Chris J. Preimesberger is Editor Emeritus of eWEEK. In his 16 years and more than 5,000 articles at eWEEK, he distinguished himself in reporting and analysis of the business use of new-gen IT in a variety of sectors, including cloud computing, data center systems, storage, edge systems, security and others. In February 2017 and September 2018, Chris was named among the 250 most influential business journalists in the world (https://richtopia.com/inspirational-people/top-250-business-journalists/) by Richtopia, a UK research firm that used analytics to compile the ranking. He has won several national and regional awards for his work, including a 2011 Folio Award for a profile (https://www.eweek.com/cloud/marc-benioff-trend-seer-and-business-socialist/) of Salesforce founder/CEO Marc Benioff--the only time he has entered the competition. Previously, Chris was a founding editor of both IT Manager's Journal and DevX.com and was managing editor of Software Development magazine. He has been a stringer for the Associated Press since 1983 and resides in Silicon Valley.

eWeek Logo

eWeek has the latest technology news and analysis, buying guides, and product reviews for IT professionals and technology buyers. The site's focus is on innovative solutions and covering in-depth technical content. eWeek stays on the cutting edge of technology news and IT trends through interviews and expert analysis. Gain insight from top innovators and thought leaders in the fields of IT, business, enterprise software, startups, and more.

TechnologyAdvice が所有・運営しています。 © 2026 TechnologyAdvice. 無断転載を禁じます

広告主に関する開示:このサイトに掲載されている製品の一部は、TechnologyAdvice が報酬を受け取っている企業のものです。この報酬は、製品がこのサイトのどこにどのように表示されるか(表示される順序など)に影響する場合があります。TechnologyAdvice は、市場で入手可能なすべての企業やすべての種類の製品を掲載しているわけではありません。