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Language Is Free, Google Says in Java Lawsuit


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Google outlined its defense Tuesday in its high-profile legal battle with Oracle over Android’s use of the Java programming language.

Presenting Google’s opening arguments on day two of the trial, Lead Counsel Robert Van Nest argued that Google was free to write its own version of the Java virtual machine.

Oracle sued Google two years ago, arguing that Android phones violate two of its patents, along with its Java copyright. The database giant is seeking $1 billion in damages in a San Francisco federal court. Oracle acquired Java when it bought Sun Microsystems in 2009, after Google had built its own Java virtual machine for Android, called Dalvik.

On Tuesday, Google’s Van Nest said he hoped to prove that there is no copyright infringement because the language is free, that Sun was aware from day one of what Google was doing, and, finally, that Android is a fair use of the Java APIs. “Google didn’t need a license to use Java in Android,” he argued. “The actual source code was written from scratch by Google engineers or taken from other open source platforms.”

He acknowledged the negotiations with Sun to develop Android jointly. When they ultimately decided to part ways, he cited Sun’s support of Google joining the Java community when it built its own virtual machine. Only after Oracle bought Sun, he argued, did it become an issue that it was using Java code.

“It’s not about them protecting their IP,” Van Nest said, rattling off a number of quotes from top Oracle executives that cited the importance of open source software. “It’s about them wanting a part of Android’s profits.” He even showed footage of Larry Ellison — who was set to testify later that day — from a conference supporting Google’s use of Java in Android.

Like Oracle, Van Nest went through a timeline of Google’s involvement with Java claiming to review 15 million lines of code for the trial. He also took on the herculean task of explaining how application program interfaces work for the jurors, getting granular enough to talk MAX functions and source code, and bringing a cabinet entitled “java.lang” with drawers that represented “Math,” “Number,” “Process” and “Object” to deepen the explanation.

On Monday, Oracle’s lead counsel, Michael Jacobs, said Google stole Java in a calculated manner, in order to help an emerging platform — mobile operating systems — that was critical to Google’s future success.

Google CEO Larry Page, former CEO Eric Schmidt and Android founder and now vice president of mobile, Andy Rubin, are expected as witnesses during the trial.

:view:Original Article: Wired

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1 Billion in damaes...that might actual give Google a bruise....but it will heal.

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1 Billion in damaes...that might actual give Google a bruise....but it will heal.

a very small one...

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