Here's How Google Is Trying To Defend Itself Against Oracle

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Photo: AP

Oracle and Google started trial yesterday on one of the highest-profile intellectual property suits of all time.Oracle is seeking more than $1 billion in damages, alleging that Google violated copyrights and patents on Java, which is at the heart of Google’s Android smartphone platform. In its defence, Google says it didn’t violate those patents, and that Oracle can’t copyright the parts of Java that Google used.

The legal arguments are complicated, but there are some interesting he-said, she-said narratives, too.

We already brought you some of the evidence Oracle dug up, which suggests that Google was considering taking a licence for Java, but didn’t.

So here are some slides from Google’s defence. These emails and public statements from Sun and Oracle execs, including Larry Ellison, seem to show that original Java owner Sun was perfectly happy to have Google use Java for Android. Only after Oracle bought Sun in 2009 did this start to become an issue.


Back when Android was getting started, Eric Schmidt was in touch with Sun CEO Scott McNealy about signing a partnership to use Java.

A couple years later, when a deal finally happened, new Sun CEO Jonathan Schwartz praised Google.

Schwartz also sent an email to Eric Schmidt offering full cooperation.

When Oracle bought Sun, Larry Ellison initially vowed to keep sharing Java openly as Sun had done.

But at the same time, Oracle was looking to create its own Java-based smartphone, as this email from Ellison to Scott McNealy suggests.

But an internal Oracle presentation says that the initiative failed because Oracle lacked the internal expertise to build a smartphone platform.

Tough luck, says Google. Ellison himself has admitted that Java is free to use, with no royalty.

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