No settlement: Oracle and Google will go to trial on April 16th

“It’s on: Google and Oracle are set to go to trial two weeks from today now that a last-ditch attempt at a settlement has failed,” Rachel King reports for CNET.

“Last week, Magistrate Judge Paul S. Grewal asked both parties to give settlement talks another chance, with a decision required by April 9. Even though they had another week, it must have been clear that a settlement just isn’t in the cards,” King reports. “Grewal — the same judge who presided over similarly failed settlement talks last fall — issued a memo on Monday explained that ‘the parties have reached an irreconcilable impasse in their settlement discussions with the undersigned,’ and that ‘no further conferences shall be convened.’ Even more simply, Grewal wrote ‘in the end, some cases just need to be tried.'”

King reports, “Oracle is suing Google over Java-related patents and technology that appear on the Android mobile operating system.”

Read more in the full article here.

MacDailyNews Take: Tick tock.

Related articles:
Google’s Android has generated just $550 million since 2008, but billions from Apple iPhone, figures suggest – March 30, 2012
Google proposes Android revenue for Oracle; Oracle rebuffs offer as too low; trial starts April 16th – March 28, 2012
Google loses bid to exclude incriminating email from Oracle patent infringement trial – February 6, 2012
Oracle contradicts Google on damages, vows to fight hard for injunction against Android – September 23, 2011
Oracle seeks injunction against Android distribution as an ‘incompatible clone of Java’ – September 22, 2011
Google engineer admits to ‘strong indication that it is likely’ that he copied Sun code into Android – September 7, 2011

40 Comments

  1. I believe, that contrary to what some think, the only real loser in this can be Google. Except for the attorney fees, Oracle will have lost nothing if they lose. Google, on the other hand, could very likely be handed their Android head on a platter. I really believe Ellison is doing this for sport and the hubris folks at Google are his clay pigeons.

    1. Meanwhile, in yachting news, Oracle’s Larry Ellison was recently spotted testing a prototype of his America’s Cup racing yacht, believed to be a catamaran AC72 boat, in and around the San Francisco Yacht Club’s harbor in nearby Alameda. An anonymous report from the Mountain View area claims to have seen the same boat exploring the sloughs along Permanente Creek, which crosses Charleston Road dangerously near the world headquarters of Google, Inc.

      1. Be it for Sport or for righteousness – GOOGLE apparently was using stolen java code and I think Oracle should slaughter them. Android should be totally eliminated out of the competition.

  2. “Oracle is suing Google over Java-related patents and technology that appear on the Android mobile operating system.”
    APPEAR?? Android wouldn’t exist without that stolen Java stuff.

    1. Sure it would, they would have just had to use another language.

      I still don’t know why they were so hung up on using Java. In the end the byte code Davlik produces isn’t java bytecode compatible and they could have adapted any language they wanted to before the JIT phase.

      My guess is they liked java as a language and it was the faster path for them to take to a finished development environment.

      If I were Rubin I would have tore Davlik down and built the front end to support multiple languages, maybe even brought over the ECMA portions of .net and used C# and Python as the languages.

      Java has been a posion pill on the mobile side ever since Sun only open sourced the non-mobile portions. Its too muddied on what is considered mobile and what is not considered mobile.

      Last frikken language I would have chose and Google may well pay for picking the wrong one!

      1. Can I ask…
        is Apples’ iOS not heavily using java licensed from Oracle?

        If so, the path and strategy here may lead to more evidence that Android was stolen from Apple… hence Rubin took the easy way out of everything.

        1. It is clear that Java running on the iPhone is outside the bounds of the iOS SDK Agreement. The guideline in question is rule 3.3.2, which reads and which was changed after Sept 2010:

          3.3.2 — An Application may not itself install or launch other executable code by any means, including without limitation through the use of a plug-in architecture, calling other frameworks, other APIs or otherwise. No interpreted code may be downloaded or used in an Application except for code that is interpreted and run by Apple’s Documented APIs and built-in interpreter(s).

        2. iOS (to me) is really another child of NeXT. It uses CocoaTouch for the GUI and Objective-C is the primary development language. Apps on iOS are native code, on Android they are bytecode, meaning they are closer to an interpreted language vs. an actually compiled program.

          Developing on Android is very different from iOS. Really there are two very different development philosophies between the two platforms.

          Apple doses not officially support Java on iOS that I am aware, in fact for a few years the iOS SDK restricted runtimes like Java.

          I think in Google’s case the choice over Java happened because internally Google loves Java. Google has a ton of ex-Sun talent. Eric Schmidt ran the Java group at Sun when he was there and James Gosling (the inventor of Java) worked for google until a year or so ago.

          I think there was a major internal interest in using java and it was for technical as well as totally biased reasons. Just like we have Mac Vs PC wars or Android vs. iOS; there are the same types of camps or divisions with programming languages. Java vs. C programmers, C# vs. Java and on and on. I think internally Google uses Java heavily and that is the language the core of their developers use and love.

          The court case with Oracle may well change the way Google operates when it comes to choosing what technologies they invest in the future.

          Its a messy ordeal. Sun released a version of Java under the GPL, or at least large portions were released as GPL. The mobile version was to be licensed. There have not been clear lines to me at least on the division between the open source portion and the license required portion.

          I think it was risky using Java but I can see how Google went down that road with Schmidt and a ton of other Java fans at high places in Google.

      2. Google’s Fandroid is theftware. It’s no different than if I siphoned fuel from your car and put it in my car.

        ‘Sure it would’ sounds like an apology for theft.

        Fabndroid violates Microsoft, Apple and Oracle patents- at minimum. So other than the stupid green robot icon did Google create?

    2. Sam you are right. And it is not just Oracles java Google stole… Androids development team is extremely small it had to steal. And it stole have and the look of iOS also. GOOGLE needs to be punished and the best punishment is to have Android stated as an illegal OS – dead – finished – an example to the world never to copy IP every again.

      1. WL no Apple iOS has nothing to do with Java. It was done in Obj-C same as OSX. There are of course iOS frameworks but they were borrowed from the Mac (NextStep or NS).

  3. Steve Job’s old buddy, Larry Ellison, is just itching to fire a salvo of “cruise missiles” in an major encounter as part of Steve’s “thermonuclear war” against Android.

    Take to your bomb shelters, Google, it’s about to get very, very hot.

    1. Yep, the same “smoking email” that Google tried to unsuccessfully have removed from discovery after they “inadvertently” turned it over to Oracle.

      The judge at the time even told Google’s attorneys that the email was very damning and “You’re going to be on the losing end of this document with Andy Rubin on the stand”.

      This is going to be fun.

    1. Apple, “Larry boy, please take as long as you wish in court. And of course, we shall fully reimburse on all costs for as long as it takes. Just see that in the end Android is severely punished if not destroyed. And when the job done, we promise continue to licence java for years to come.”

      The donations (hired hit man) was set before Jobs passing.

  4. I too am rooting for Oracle, however I am betting on Google. Google has the most and best lobby organization. Plus nobody likes Ellison. He will be David against Goliath.

    1. more likely they are looking for an excuse to start charging license fees. It’s the only way android will ever provide a return on investment for Google

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