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Oracle Appeals Against Google's Android Ruling

By - Source: Reuters | B 11 comments

Google's use of Java in Android was "decidedly unfair".

Oracle has appealed against its infringement battle loss with search engine giant Google, with the former stating that the judge was wrong in his ruling.

It filed an appeals brief with the U.S. Circuit Court of Appeals, with the company stating that Google's use of Java in its mobile platform Android was "decidedly unfair." Oracle said that copyright is designed to protect all types of work including "a short poem or even a Chinese menu," but what the firm created in Java was "vastly more original, creative, and labor-intensive."

Oracle had sued Google in 2010 for allegedly infringing on copyrights it held on 37 Java application programming interfaces in Android. It claimed that Google knowingly utilized the APIs without a license from Sun Microsystems, which was acquired by Oracle back in 2010 for $7.4 billion. Either way, the Java developer was ordered to pay $4 million for Google's legal expenses.

During May 2012, a jury ruled a partial verdict in Oracle's favor by stating that Google infringed upon the overall structure, sequence and organization of Java's language. The presiding judge, William Alsup, soon after ruled that APIs were not copyrightable and then ended Oracle's claim.

The appeals filing, however, sees Oracle arguing that Alsup was wrong in his assessment. Oracle attorney E. Joshua Rosenkranz made his point by creating a hypothetical author named "Ann Droid." In the hypothetical example, he said that person received an advance copy of a Harry Potter book and copied all the chapter titles, the topic sentences of each paragraph, and then paraphrased the rest.

"Google Inc. has copied a blockbuster literary work just as surely, and as improperly, as Ann Droid -- and has offered the same defenses," he wrote. Google hasn't publicly commented on the appeal brief but is said to be preparing to file its own response during May 2013.

 

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  • 1 Hide
    Anonymous , February 14, 2013 9:16 AM
    Java's crap and there's no reason to use it on phones when the hardware is basically standardized. If this gets Android off of Java and into something else, all the better.
  • -5 Hide
    drbaltazar , February 14, 2013 9:46 AM
    Nha Java isn't crap.the issue is Microsoft work very hard to make sure Java isn't liked.like try to Enable acceleration ,you can because ms doesn't surprise 2 way.in w8it might work ,haven't tested with jesperjuul Java test .if it works now ,you LL get very fast Java (if your program are optimsed properly of course .programmer ignored a lot of better ways of programming Java because they couldn't work in windows because of the various protocol microst put in(you can do this but only if there is 7 Thursday this week (example)ya if you read between the line it was willfull blocking but hidden in programming (so unless ms met a programmer their odd of being sued were nil while achieving same goal.(staring user to their solution )
  • 6 Hide
    chulak , February 14, 2013 10:19 AM
    Java is warmed over turd. I refuse to program in Java. I don't understand why major companies still use it in their development projects. On top of it, it's PROPRIETARY! It's enough to have to worry about infringement lawsuits from your competitors, but to be sued by the makers of the programming language?

    Ellison, Oracle's CEO is the worst. I stopped using MySQL after they bought it. Who want's to start a project with product who's future is uncertain.
  • 0 Hide
    virtualban , February 14, 2013 12:34 PM
    I remember when Google refused to use a free to use but proprietary codec for Youtube, instead deciding to go for a less advanced but completely open one that would never be paying royalties if the owners changed their mind.

    This can be done with Java, anything new to replace it while being completely open.
  • -3 Hide
    naumov91 , February 14, 2013 12:46 PM
    Only if Google decided to go with a language that doesn't run on a virtual machine we'd see better apps on the google store
  • -1 Hide
    naumov91 , February 14, 2013 12:47 PM
    Only if Google decided to go with a language that doesn't run on a virtual machine we'd see better apps on the google store
  • 4 Hide
    wemakeourfuture , February 14, 2013 1:15 PM
    Google's biggest mistake was not buying Sun Microsystems.
  • -1 Hide
    Anomalyx , February 14, 2013 3:08 PM
    Everyone hates on Java, but doesn't consider what would happen without it. Without it, your Android apps would likely have to be tweaked for each model of phone by the developer. No dev wants to do that, so you're severely limited in your app choices. Java allows each phone to run apps under the same environment, except when accessing operating-system features obviously.

    Don't get me wrong, I dislike Oracle and the way they operate just as much as anyone else. Java has its place... I just wish it wasn't being run into the ground by one of the greediest companies out there.
  • 3 Hide
    naumov91 , February 14, 2013 3:34 PM
    AnomalyxEveryone hates on Java, but doesn't consider what would happen without it. Without it, your Android apps would likely have to be tweaked for each model of phone by the developer. No dev wants to do that, so you're severely limited in your app choices. Java allows each phone to run apps under the same environment, except when accessing operating-system features obviously.Don't get me wrong, I dislike Oracle and the way they operate just as much as anyone else. Java has its place... I just wish it wasn't being run into the ground by one of the greediest companies out there.


    Thats not completely true. Google would just have to abstract the hardware and driver level of android with an api, which they already do (Look up NDK). Every proprietary OS has its own "VM" like programming language to speed up development (objective c for osx/ios, c#/.net for windows) but the difference is they specifically cater to their respective kernels. Java is built for everything. While yes it has its uses and place (specifically education, web, etc) javas inefficient nature isn't suited for embedded platforms (mobile, tablet, etc) and the only reason it was used is because companies didn't have the resources themselves to make languages like c# or objective c
  • 1 Hide
    f-14 , February 14, 2013 3:50 PM
    the oracle lawyer is wrong, i could argue his same argument in which the judge was right. lets say FORD got a look at the combustion engine which the inventor allowed, Ford looked at the process of how the combustion engine worked and the parts needed to make it work then Ford designed their own combustion engine and not only improved it by more than 30% but also made it internal and lighter weight and more efficient! the down side is they gutted the combustion engine so much alot of the safety the original had was removed and due to the lighter and more efficient design ford made they were prone to damage from cracking cylinders and blowing heads and gaskets and spark plugs!

    just like googles android!

    having a wheel and trying to claim copy right and patent infringement because somebody used your design to create the ball bearing or cog/sprocket is completely unacceptable they all roll like a wheel. doesn't mean you own the ability to roll.

    as far as java goes it's outlived it's usefulness, it's a bigger liability now that every one knows how to do bad things with it, in the wrong hands it's like guns and dynamite for bank robbers, literally! i would like to see it dropped and the use of HTML5 take it's place in most things that are on the net and smart phones.
  • 2 Hide
    Anonymous , February 14, 2013 4:10 PM
    Maybe the example instead of using 'Ann Droid' use the following question as a guide: Is one band ripping of another or are they merely influenced by them? That's the fine line that has to be determined.
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