Feeds

Oracle wins round in Java patent lawsuit against Google

Appeals court allows incriminating Mountain View email

Maximizing your infrastructure through virtualization

A three-judge US Court of Appeals panel has denied Google's request to toss out another judge's decision to allow an incriminating email from being used as evidence in Oracle's Java-patent lawsuit against Mountain View.

The email in question was sent by Google engineer and ex–Sun man Tim Lindholm shortly before Oracle initiated legal action for what Ellison & Co. deem to be violations of its Java patents in Google's Android and Chrome operating systems.

A reasonable person might take the wording of Lindholm's email to indicate that Google was aware of the legal need to find an alternative to Java:

What we've actually been asked to do (by Larry [Page] and Sergey [Brin]) is to investigate what technical alternatives exist to Java for Android and Chrome. We've been over a bunch of these, and think they all suck. We conclude that we need to negotiate a license for Java under the terms we need.

Google argued that the email was protected under attorney-client privilege; Oracle – no surprise – argued that it was not. And, after all, the proverbial cat had already escaped from the proverbial bag.

Writing for the three-judge panel, Bloomberg reports, Judge Alan Lourie wrote: "The e-mail's discussion is directed at a negotiation strategy as opposed [to a legal strategy]. The e-mail does not evidence any sort of infringement or invalidity analysis."

As The Reg noted when Google first raised objections about the email's acceptability as evidence, the men in the Chocolate Factory's corner offices may have another email come back to bite them harder than Lindholm's might.

Five years before Lindolm's contested "Hi Andy" email to Android headman Andy Rubin, that latter Google exec sent another missive that has come to light:

If Sun doesn't want to work with us, we have two options: 1) Abandon our work and adopt MSFT CLR VM and C# language – or – 2) Do Java anyway and defend our decision, perhaps making enemies along the way.

Enemies have, indeed, been made, and billions of dollars may hang on the outcome of the litigation. The gloves-off court battle, which had been delayed by an unrelated criminal case, is now scheduled to begin "on or after March 19, 2012," according to court documents. ®

Application security programs and practises

More from The Register

next story
UK.gov's Open Source switch WON'T get rid of Microsoft, y'know
What do you mean, we've ditched Redmond in favour of IBM?!
UK government officially adopts Open Document Format
Microsoft insurgency fails, earns snarky remark from UK digital services head
Major problems beset UK ISP filth filters: But it's OK, nobody uses them
It's almost as though pr0n was actually rather popular
US Social Security 'wasted $300 million on an IT BOONDOGGLE'
Scrutiny committee bods probe derailed database project
HP, Microsoft prove it again: Big Business doesn't create jobs
SMEs get lip service - what they need is dinner at the Club
ITC: Seagate and LSI can infringe Realtek patents because Realtek isn't in the US
Land of the (get off scot) free, when it's a foreign owner
Arrr: Freetard-bothering Digital Economy Act tied up, thrown in the hold
Ministry of Fun confirms: Yes, we're busy doing nothing
Australia floats website blocks and ISP liability to stop copyright thieves
Big Content could get the right to order ISPs to stop traffic
Help yourself to anyone's photos FOR FREE, suggests UK.gov
Copyright law reforms will keep m'learned friends busy
prev story

Whitepapers

Top three mobile application threats
Prevent sensitive data leakage over insecure channels or stolen mobile 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.
Top 8 considerations to enable and simplify mobility
In this whitepaper learn how to successfully add mobile capabilities simply and cost effectively.
Application security programs and practises
Follow a few strategies and your organization can gain the full benefits of open source and the cloud without compromising the security of your applications.
The Essential Guide to IT Transformation
ServiceNow discusses three IT transformations that can help CIO's automate IT services to transform IT and the enterprise.