In a move that stunned many in the tech circles, Oracle pulled a trigger on Google with a lawsuit alleging that the Android platform and devices infringe one or more Java patents and copyright.
Oracle claims that Google has been aware of Sun’s patent portfolio, including the patents at issue, since the middle of this decade, when Google hired certain former Sun Java engineers.
The lawsuit leads one to question the intentions of Oracle’s latest lawsuit and its commitment to open source. Java has been covered by the open source General Public License since 2006, way before Oracle’s acquisition of Sun Microsystems was completed in January 2010.
Oracle claims that Google’s Android competes with Oracle’s Java as an operating system software platform for cellular telephones and other mobile devices.
“The Android operating system software stack consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a “Dalvik” virtual machine (VM) that features just-in-time (JIT) compilation. Google actively distributes Android (including without limitation the Dalvik VM and the Android software development kit) and promotes its use by manufacturers of products and applications.
“By purposefully and voluntarily distributing one or more of its infringing products and services, Google has injured Oracle America and is thus liable to Oracle America for infringement of the patents at issue,” Oracle said in its filing with the Northern District Court of California.
Oracle’s financial gains from this lawsuit are obviously huge, thanks to surging sales of Android devices. While it’s probable that talks between the two tech giants broke down, leading Oracle to pull punches against the world’s favorite search engine, Oracle seems to have veered away from Sun’s commitment to foster innovation through open source Java in a bid to monetize the Java platform more aggressively than Sun ever did.
On Friday, Google called the Oracle lawsuit a baseless one, adding that “open-source Java community goes beyond any one corporation and works every day to make the web a better place. We will strongly defend open-source standards and will continue to work with the industry to develop the Android platform.”
It is not in Oracle’s interest to upset the Java ecosystem, especially with the strides that Java — through Android — has made in the mobile space in recent years. Neither does it want mobile developers to ditch the platform for something else. With this lawsuit against Google, Oracle is walking on a tight rope, one that it needs to tread carefully.
