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The Jury Voted 9-3 In Favor Of Google Against Oracle

Amit Chowdhry — Thu, 24 May 2012 14:48:41 +0000

Yesterday we reported that the jury voted in favor of Google. As part of a follow-up to that article, I just wanted to add that the jury was split 9-3 in favor of Google. Jury foreman Greg Thompson spent time answering questions for reporters while Oracle’s lawyers had listened quietly. It turns out that Oracle did not have a chance to win all along. Oracle had to convince the jury that some portions of their Java APIs can be classified as protected. Google uses these APIs as the foundation for the Android operating system. Judge William Alsup even prompted to consider Java APIs as being copyrighted.

“A lot of the jurors were focused on functionality versus creativity,” stated Thompson. He added that the majority was “putting greater weight on functionality.” However the jury was not too pleased with how Google relied heavily on a blog post that was written by former Sun CEO Jonathan Schwartz. Schwartz’s blog post congratulated Google on Android’s launch. Thompson said “we felt like it wasn’t a good business practice to rely on a blog – Some of us had an underlying feeling that Google had done something that wasn’t right.”

The jury couldn’t see Java APIs as being a protected art. “The more tech savvy a person is, the more difficult it might be to convince them of something that would limit [technology]… and future expansion of the common good,” said Thompson.

Jury Says Google Did Not Infringe Oracle Patents

Amit Chowdhry — Wed, 23 May 2012 20:55:23 +0000

The jury in the lawsuit between Oracle and Google has decided that Google has not infringed on Oracle’s patents. Oracle said that Google were using Java patents in Android illegally. “Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem,” said Google in a statement.

Oracle Acquires Vitrue For $300 Million

Amit Chowdhry — Wed, 23 May 2012 15:07:01 +0000

Oracle Corporation has acquired Vitrue, a company that has built a social marketing platform, for $300 million. The acquisition will allow Oracle to give a more extensive Facebook, Google+, Pinterest, Instagram, Twitter, and YouTube marketing platform for their enterprise clients. Vitrue was founded in May 2006 and raised around $33 million since then. It is rumored that Vitrue was getting close to $100 million in revenues for the year. Several bidders had approached Vitrue, but Oracle beat them all. Vitrue was getting near profitability and it was reported that this would be their first year in profitability. Other recent similar deals that have taken place includes Adobe acquiring Efficient Frontier for $400 million.

Jury Finds Google Android Infringes Oracle’s Java Copyrights

Amit Chowdhry — Tue, 08 May 2012 17:43:41 +0000

A U.S. jury has found that Google Android is infringing on Oracle’s Java API copyrights. This gives Oracle a partial victory in the first part of a three-part trial against Google. The jury at a U.S. District Court in San Francisco was asked four questions about copyrights in Java code that is being used in Android.

The jury reached a unanimous decision on three issues, but they hit a deadline on part of the first question regarding infringement. The jury was unable to decide whether Google’s use of Java APIs amount to Fair Use under U.S. copyright law. Judge William Alsup has to rule on whether the Java APIs at issue are subject to copyright protection as a matter of law.

“We appreciate the jury’s efforts, and know that fair use and infringement are two sides of the same coin. The core issue is whether the APIs here are copyrightable, and that’s for the court to decide. We expect to prevail on this issue and Oracle’s other claims,” said Google and they are requesting a mistrial.

Oracle thanked the jury for their verdict. “The overwhelming evidence demonstrated that Google knew it needed a license and that its unauthorized fork of Java in Android shattered Java’s central write once run anywhere principle.”

Despite this victory, Oracle is unlikely going to win substantial damages in this case. The trial between Oracle and Google is expected to go on for another eight weeks.

WATCH: Former Sun CEO Scott McNealy Interviewed About Oracle-Google Case

Amit Chowdhry — Wed, 02 May 2012 19:51:28 +0000

Former Sun CEO Scott McNealy went in court to testify about the Oracle-Google trial. Bloomberg TV followed that up yesterday with an interview. McNealy talked about Java, API licensing, and some of the social media tools he has been using to determine who people think is right. Check out the interview below:

Java Creator James Gosling Says Google Totally Slimed Sun

Amit Chowdhry — Mon, 30 Apr 2012 21:38:33 +0000

Java creator James Gosling believes that Google “totally slimed” Sun Microsystems by using a large amount of Java without paying for a license. He said that he agrees with Oracle in the lawsuit between them and Google. Gosling quit his job at Sun shortly after Oracle bought the company and joined Google. Gosling then quit Google and is now working at a startup company called Liquid Robotics.

Gosling is considered the father of Java and is known for building the first version of the Java language in 1994.

“Just because Sun didn’t have patent suits in our genetic code doesn’t mean we didn’t feel wronged. While I have differences with Oracle, in this case they are in the right. Google totally slimed Sun. We were all really disturbed, even [then-CEO] Jonathan [Schwartz]: he just decided to put on a happy face and tried to turn lemons into lemonade, which annoyed a lot of folks at Sun,” wrote Gosling in a blog post.

Google brought in Schwartz as a witness last week where he said that Sun thought Google’s use of Java APIs were fine as long as they did not use the Java brand or trademark. Schwartz did admit that Sun was not happy with the way that Google went around Sun’s licensing restrictions.

First Google Phone Prototype Looked Like A BlackBerry

Amit Chowdhry — Thu, 26 Apr 2012 14:50:08 +0000

The court battle between Oracle and Google has caused some documents to be opened up containing photos of the first Android prototype from 2006. This phone was a prototype for a “Google Mass Market Phone” and it shows a portrait QWERTY keypad with a landscape screen on top. The 2006 prototype would have had a 200MHz ARM Cortex v9 processor, 64MB RAM, 3G connection, USB connectivity, Bluetooth 1.2, miniSD memory expansion, and 2 megapixel camera on the back. “At Google, we believe we can be successful in transforming the mobile experience-in the same way we have revolutionised the fixed internet experience,” stated Google in a document from back in 2006. Google never released this prototype, but they did approach T-Mobile USA with this device and was considering releasing it for $9.99 per month with an unlimited data plan.

Larry Ellison Taking Witness Stand Today In Lawsuit Against Google

Amit Chowdhry — Tue, 17 Apr 2012 16:41:02 +0000

Oracle CEO Larry Ellison is taking the witness stand today in Oracle’s lawsuit against Google. Ellison will be examined by Oracle’s lawyers. Oracle filed a lawsuit against Google for infringing on their patents and copyrights on Java while working on building the Android operating system.

Ellison’s testimony will happen after Oracle lawyers make their opening arguments. Oracle filed the lawsuit against Google in 2010 after claiming that Android was violating seven different Java patents. Five of those patents were thrown out of court and two were left in court.

Google offered Oracle a share of Android revenue and $2.8 million in damages, but Oracle declined the offer. Oracle also accused Google of infringing copyrights on Java APIs.

Google denied the infringement claims and will argue that Java APIs cannot be protected by copyright because they are more akin to programming languages.

The Sexual Harassment Letter That Got Mark Hurd Fired

Amit Chowdhry — Fri, 30 Dec 2011 18:43:25 +0000

This past August former HP CEO Mark Hurd stepped down from the company after he was caught sending a sexual harassment letter. Hurd had a personal relationship with contractor Jodie Fisher, who had worked at HP as a greeter and hostess at company events. Hurd currently works at Oracle Corporation as a co-president and Meg Whitman has replaced him at Hewlett Packard. AllThingsD got their hands on the letter that attorney Gloria Allred wrote to Hurd on behalf of Jodie Fisher. I have embedded the letter below.

“It is appalling that you would use HP revenues for the purpose of procuring female companionship and romance under the guise of HP business,” states the letter. However Oracle spokesperson Ken Glueck said that “This letter was recanted by Ms. Fisher. She admitted it was full of inaccuracies.”

Hurd started pursuing Fisher in 2007, but ended up backing off as she started to voice discomfort with the situation. Fisher was paid $30,000 to be a hostess at 6 HP events. In October 2007, Hurd and Fisher had dinner together after an HP event and he invited her up to his room. A distraught Fisher called her Alcoholics Anonymous sponsor to get advice before going up to Hurd’s room.

Fisher went up to Hurd’s room and insisted that they do not sleep together. She said “I barely know you and you are my boss.” Hurd sent Fisher a letter saying that he was “doing all the work” in their relationship, but Fisher said she was not interested in him romantically. Hurd kissed Fisher on the lips and walked away at one point. Below are the letters:
Allred Letter Redacted New

Oracle’s Patent Claims Gets Rejected By USPTO

Amit Chowdhry — Tue, 27 Dec 2011 19:56:47 +0000

The U.S. Patent and Trademark office has rejected Oracle’s patent claims against Google. On December 20th, the U.S. Patent office issued a rejection in the reexamination of Oracle’s U.S. Patent number 6,192,476. The U.S. Patent and Trademark Office had rejected 17 out of the 21 claims about the patent in discussion including 7 of the patent’s independent claims. Oracle filed a lawsuit against Google in 2010 over patents and copyright infringement within Java over the Android operating system.

Oracle claims “irreparable harm” caused to Java due to the “continued migration of device manufacturers and application developers from Java to Android.” Oracle requested a patent trial to begin around January 20th.

Google released a statement saying that they had no interest in delaying the resolution of the case any longer, but a January case is not probable. Google would be free to conduct the trial no earlier than July 2012.

[9to5Google]