Feeds

Google's 'copied Java code' disowned by Apache

Dis-Harmony from Oracle's Android suit

5 things you didn’t know about cloud backup

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.

Secure remote control for conventional and virtual desktops

Next page: Open argument

More from The Register

next story
Why has the web gone to hell? Market chaos and HUMAN NATURE
Tim Berners-Lee isn't happy, but we should be
Linux turns 23 and Linus Torvalds celebrates as only he can
No, not with swearing, but by controlling the release cycle
Apple promises to lift Curse of the Drained iPhone 5 Battery
Have you tried turning it off and...? Never mind, here's a replacement
Sin COS to tan Windows? Chinese operating system to debut in autumn – report
Development alliance working on desktop, mobe software
Eat up Martha! Microsoft slings handwriting recog into OneNote on Android
Freehand input on non-Windows kit for the first time
This is how I set about making a fortune with my own startup
Would you leave your well-paid job to chase your dream?
(Not so) Instagram now: Time-shifting Hyperlapse iPhone tool unleashed
Photos app now able to shoot fast-moving videos
prev story

Whitepapers

A new approach to endpoint data protection
What is the best way to ensure comprehensive visibility, management, and control of information on both company-owned and employee-owned devices?
Implementing global e-invoicing with guaranteed legal certainty
Explaining the role local tax compliance plays in successful supply chain management and e-business and how leading global brands are addressing this.
Maximize storage efficiency across the enterprise
The HP StoreOnce backup solution offers highly flexible, centrally managed, and highly efficient data protection for any enterprise.
How modern custom applications can spur business growth
Learn how to create, deploy and manage custom applications without consuming or expanding the need for scarce, expensive IT resources.
Next gen security for virtualised datacentres
Legacy security solutions are inefficient due to the architectural differences between physical and virtual environments.