Feeds

Google: Oracle doctored that 'copied Java code'

'And, by the by, Android wasn't built by Google'

New hybrid storage solutions

'Android? Google didn't build that'

With its Wednesday filing, Google also took aim at Oracle's claims of patent infringement. Mountain View now says Oracle's patents are invalid because "one or more claims are directed to abstract ideas or other non-statutory subject matter." The Supreme Court has said that one way to test the validity of patent is to ask if it's tied to a specific machine, and Google says that in this case, at least one Oracle patent is not. Oracle is asserting seven patents in the case.

What's more, Google accuses Oracle – and Sun before it – of "misusing" its patents. "Oracle and its predecessor Sun have attempted to impermissibly expand the scope of the Patents-in-Suit by requiring licensees to license items not covered by Oracle’s alleged intellectual property in order to receive a license to Oracle’s alleged intellectual property," Google's filing reads.

Rather than license Java from Oracle, Google built its own VM, Dalvik. And this too is part of the Google defence. "Dalvik bytecode is distinct and different from Java bytecode," Google says. "The Dalvik VM is not a Java VM."

This is true. Oracle acknowledges that Dalvik is not Java and, in fact, uses this as part of its PR attack on Mountain View. "In developing Android, Google chose to use Java code without obtaining a licence," Oracle said in a statement sent to the press last month. "Additionally, it modified the technology so it is not compliant with Java's central design principle to 'write once and run anywhere'. Google's infringement and fragmentation of Java code not only damages Oracle, it clearly harms consumers, developers and device manufacturers."

This too is true. Both sides have valid points to argue, which is part of what makes the case so intriguing.

But Mountain View is also playing the Android's-not-ours card. Google says that if Android does infringe on Oracle's copyrights, Google isn't liable. If Android infringes on Oracle's code, Mountain View says, the liability lies with the third parties who use Android. "Any use in the Android Platform of any protected elements of the works that are the subject of the Asserted Copyrights was made by third parties without the knowledge of Google, and Google is not liable for such use," Google's filing reads.

Google also claims that Android isn't developed by Google. It's developed by the Open Handset Alliance. "Android was released in 2007 by a group of seventy-eight technology and mobile companies known as the Open Handset Alliance ('OHA') who have come together to accelerate innovation in mobile devices and offer consumers a richer, less expensive, and better mobile experience," the filing reads. "Other than the Harmony libraries, the Android platform – including, without limitation, the Dalvik VM – was independently developed by the OHA."

Which is another reason this case is so intriguing. It has comedic value. ®

Reducing the cost and complexity of web vulnerability management

More from The Register

next story
New 'Cosmos' browser surfs the net by TXT alone
No data plan? No WiFi? No worries ... except sluggish download speed
'Windows 9' LEAK: Microsoft's playing catchup with Linux
Multiple desktops and live tiles in restored Start button star in new vids
iOS 8 release: WebGL now runs everywhere. Hurrah for 3D graphics!
HTML 5's pretty neat ... when your browser supports it
'People have forgotten just how late the first iPhone arrived ...'
Plus: 'Google's IDEALISM is an injudicious justification for inappropriate biz practices'
Mathematica hits the Web
Wolfram embraces the cloud, promies private cloud cut of its number-cruncher
Mozilla shutters Labs, tells nobody it's been dead for five months
Staffer's blog reveals all as projects languish on GitHub
SUSE Linux owner Attachmate gobbled by Micro Focus for $2.3bn
Merger will lead to mainframe and COBOL powerhouse
iOS 8 Healthkit gets a bug SO Apple KILLS it. That's real healthcare!
Not fit for purpose on day of launch, says Cupertino
Not appy with your Chromebook? Well now it can run Android apps
Google offers beta of tricky OS-inside-OS tech
prev story

Whitepapers

Secure remote control for conventional and virtual desktops
Balancing user privacy and privileged access, in accordance with compliance frameworks and legislation. Evaluating any potential remote control choice.
WIN a very cool portable ZX Spectrum
Win a one-off portable Spectrum built by legendary hardware hacker Ben Heck
Intelligent flash storage arrays
Tegile Intelligent Storage Arrays with IntelliFlash helps IT boost storage utilization and effciency while delivering unmatched storage savings and performance.
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.