Google to Defend Android, Open Source vs. Oracle Suit | eWeek

Google to Defend Android, Open Source vs. Oracle Suit

Written By
Clint Boulton
Clint Boulton
Aug 14, 2010
2 minute read
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Google Aug. 13 called Oracle’s patent infringement lawsuit against the search engine “baseless” and vowed to “strongly defend” open-source standards and protect its Android operating system.

“We are disappointed Oracle has chosen to attack both Google and the open-source Java community with this baseless lawsuit,” a Google spokesperson told eWEEK.

“The open-source Java community goes beyond any one corporation and works every day to make the Web a better place. We will strongly defend open-source standards and will continue to work with the industry to develop the Android platform.”

Oracle sued Google Aug. 12, alleging the company infringed on seven patents and other copyrights related to Java. Oracle acquired thousands of Java-related patents through its $5.6 billion purchase of Sun Microsystems, later renamed Oracle America.

Android includes Java applications running on a Java-based application framework and core libraries running on a Dalvik virtual machine.

According to the suit, “Google actively distributes Android (including without limitation the Dalvik VM and the Android software development kit) and promotes its use by manufacturers of products and applications.”

Android is wildly successful, shipping in 200,000 smartphones per day. Android-based smartphones outsold Apple’s popular iPhone in units shipped for the second quarter, according to Nielsen and others.

Despite negotiations, Google did not have a licensing agreement with Sun for Java, but Sun let Google slide. Oracle revived talks after acquiring Sun but discussions broke down after the two parties couldn’t agree on licensing fees, according to the Wall Street Journal.

For that reason, Oracle is suing to enjoin Google from facilitating Android development and is seeking damages because it claims Google engineers were aware of the patents.

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