New evidence shows Google may have directly copied Oracle IP in Android

Parallels Desktop 6 for Mac“Google faces a steep challenge in its defense against Oracle’s lawsuit over seven Java patents and some copyrighted material,” Florian Mueller reports for FOSS Patents. “More than five months after Oracle’s complaint, Google appears unable to countersue Oracle over patent infringement, while evidence is mounting that different components of the Android mobile operating system may indeed violate copyrights of Sun Microsystems, a company Oracle acquired a year ago.”

Mueller reports, “I have discovered additional material that Oracle might present to the court as examples of copyright-infringing material in the Android codebase:”

• Two months ago I took a close look at Exhibit J to Oracle’s amended complaint, which contained a synopsis of source code shipped by Google and Sun’s original Java code. I have since found six more files in an adjacent directory that show the same pattern of direct copying. All of them were apparently derived with the help of a decompiler tool. Those files form part of Froyo (Android version 2.2) as well as Gingerbread (version 2.3), unlike the file presented by Oracle.

• In addition, I have identified 37 files marked as “PROPRIETARY/CONFIDENTIAL” by Sun and a copyright notice file that says: “DO NOT DISTRIBUTE!” Those files appear to relate to the Mobile Media API of the Sun Java Wireless Toolkit. Unless Google obtained a license to that code (which is unlikely given the content and tone of those warnings), this constitutes another breach.

Read more in the full article here.

MacDailyNews Take: Meanwhile, let’s enjoy a short 30-second bit of video:

[Thanks to MacDailyNews Readers “Fred Mertz” and “sparkplug” for the heads up.]

42 Comments

  1. Oracle can ask for punitive damages and that certain products not be distributed. Google could cry uncle, negotiate and settle out of court.

    How many millions of $$ are we talking about ? Eric ? Anybody seen Eric ? there he is.. drag him out of that hole

  2. So I’m going to not bother pretending I understand the legal system but have worked out an hilarious scenario in my mind where Google tries to settle for cash, Apple tells Oracle that they’ll pay double whatever Google is offering if Oracle pushes for some sort “you can’t sell Android anymore” type settlement.

  3. Page and Brin will find that the same quickie term-paper techniques do not work long term in the real world. I tend not to be as harsh on Schmidt as others around here. I don’t think he alone made all the major decisions at G-plex. On a simple unbiased observation, all the companies that Eric has left are no longer in the news. That is the trend. Others can judge whether it was Schmidt’s tenure or leaving that caused the decline, but the last thing Google-philes/investors should want to see is Schmidt checking out.

  4. This certainly explains how Google was able to develop a good OS in such a short period of time, when Apple took 5 years or so to develop iOS.

    Heck, even Microsoft ay least tries to make its copies look different. I know we all demanded cut and paste in our iPhones, but I think Google misunderstood.

  5. observer fantasizes, ” Apple tells Oracle that they’ll pay double whatever Google is offering if Oracle pushes for some sort “you can’t sell Android anymore” type settlement.”

    Such an action would likely get Apple investigated for anti-trust activity. They’re not stupid.

  6. @acid,
    No, I just want to see Google scramble to rewrite the entire OS from scratch (which they won’t do – they’ll try to change enough to get by the courts). It will also be interesting to see what the handset manufacturers will do going forward.

    Sit back and get ready for the show!

  7. Sheesh, if someone had the words “Apple” and “lawsuit” in the same sentence the stock would take an immediate 15% hit to the downside. Google and every other stock miraculously get a free pass. Apple’s profits have grown way more than Google, they posted a better quarterly report and Google gets drooled over while Apple gets dumped on. It’s a mystery to me. But not a surprise.

  8. Back when the “Google will dump Chrome OS in favor of Android” rumor was being passed around as news, I countered that Google was keeping Chrome OS alive as a hedge against Android suffering a catastrophic result from the Oracle lawsuit.

    In the light of this information, if Google has any sense they should pull the plug on Android as soon as possible. Of course, Chrome OS isn’t ready for prime time yet, but that’s what you get for stealing code from others.

    And I really hope this stops the more rabid open source crowd from claiming Google as their patron saint – this is going to cause a lot of collateral damage to the reputation of open source in general.

  9. Google is amazing this way.

    They have this sense that because something is available, either online or within application code, it is public domain. They tried this with books and images years ago, basically reproducing protected content without considering copyrights. And that attitude has perpetuated into the psyche of a large portion of web users I have talked to, who have this sense that if it is on the web, it is free to use for any of their personal/professional needs.

    This is a dangerous precedent to set. Can they really claim ignorance? Seems more like irresponsible hubris.

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