Feeds

Google's 'copied Java code' disowned by Apache

Dis-Harmony from Oracle's Android suit

Providing a secure and efficient Helpdesk

Code unload

In August, Oracle sued Google over Android, claiming the mobile OS infringes on seven Java-related patents as well as various copyrights. With its initial suit, Oracle backed its infringement claims with few details. It merely alleged that Google was infringing with Android's Dalvik virtual machine and the Android software development kit, and perhaps additional portions of the OS.

According to Breton Bocchieri, a patent lawyer with the international law firm Seyfarth Shaw, Oracle' s approach was hardly surprising — at least where the patent infringement claims were concerned. "If you have a direct infringement count, you don't have to specify exactly why the claims are made," he says. "This is not unusual."

Google eventually answered the suit, insisting that the mobile OS does not violate Oracle's patents. And it filed a motion to dismiss the copyright infringement claim, saying that the database outfit hadn't provided the necessary specifics about what code was infringing which Oracle copyrights and how. So, with Wednesday's filing, Oracle provided additional details.

"The infringed elements of Oracle America’s copyrighted work include Java method and class names, definitions, organization, and parameters; the structure, organization and content of Java class libraries; and the content and organization of Java’s documentation," the filing reads. "In at least several instances, Android computer program code also was directly copied from copyrighted Oracle America code."

The filing includes six pages of comparisons beween Google code and Oracle code, including this snapshot:

Oracle Google code comparison

Oracle accuses Google of code lifting (click to enlarge)

Google did not immediately respond to a request for comment on Oracle's latest filing. But judging from its previous court filings, the company will likely claim that Oracle is leaning on copyrights for open source code.

In its motion to dismiss Oracle's copyright claim, Google pointed out that Oracle's original suit named only two specific copyright registrations: one for "Java 2 Standard Edition 1.4" and "Java Standard Edition, Version 5.0." It also pointed out that both of these have been open sourced. "These registrations appear to relate to versions of certain Sun Java materials that were released as open-sourced software in 2006 and 2007," Google's motion to dismiss reads.

But as Groklaw points out, there's a rub. Or two.

Sun/Oracle licensing includes "field of use" (FOU) restrictions that — among other things — prevented the Java TCKs from running on mobile devices, ensuring that Harmony can only be used on desktops. Oracle could end up arguing that Google has violated the FOU restrictions. Android, after all, is a mobile OS.

What's more, Oracle has accused Google of violating copyrights on Java documentation, and it's clear that the documentation cannot be redistributed.

Choosing a cloud hosting partner with confidence

Next page: Open argument

More from The Register

next story
Microsoft WINDOWS 10: Seven ATE Nine. Or Eight did really
Windows NEIN skipped, tech preview due out on Wednesday
Business is back, baby! Hasta la VISTA, Win 8... Oh, yeah, Windows 9
Forget touchscreen millennials, Microsoft goes for mouse crowd
Apple: SO sorry for the iOS 8.0.1 UPDATE BUNGLE HORROR
Apple kills 'upgrade'. Hey, Microsoft. You sure you want to be like these guys?
ARM gives Internet of Things a piece of its mind – the Cortex-M7
32-bit core packs some DSP for VIP IoT CPU LOL
Microsoft on the Threshold of a new name for Windows next week
Rebranded OS reportedly set to be flung open by Redmond
Lotus Notes inventor Ozzie invents app to talk to people on your phone
Imagine that. Startup floats with voice collab app for Win iPhone
'Google is NOT the gatekeeper to the web, as some claim'
Plus: 'Pretty sure iOS 8.0.2 will just turn the iPhone into a fax machine'
prev story

Whitepapers

A strategic approach to identity relationship management
ForgeRock commissioned Forrester to evaluate companies’ IAM practices and requirements when it comes to customer-facing scenarios versus employee-facing ones.
Storage capacity and performance optimization at Mizuno USA
Mizuno USA turn to Tegile storage technology to solve both their SAN and backup issues.
High Performance for All
While HPC is not new, it has traditionally been seen as a specialist area – is it now geared up to meet more mainstream requirements?
Beginner's guide to SSL certificates
De-mystify the technology involved and give you the information you need to make the best decision when considering your online security options.
Security for virtualized datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.