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Google may be willing to settle Java patent lawsuit with Oracle

Posted: , by Michael H.

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Google may be willing to settle Java patent lawsuit with Oracle
It's starting to look like the patent infringement case that Oracle has brought against Google may never make it to court. Google has hinted in its last public filing on the case that it may be willing to settle the case rather than go to court. 

Google is accused of infringing on seven Sun Java patents in its Android OS. Sun is owned by tech giant Oracle, which has brough the case against Google. The lawsuit claims that Google knowingly infringed on seven Java copyrights and patents. So far, the U.S. Patent and Trademark Office has made a preliminary ruling rejecting four of the seven claims, confirming one as valid, and leaving two for re-examination. This ruling is not final. The trial is set for October and scheduled to run for three weeks. If the case were to go to trial and Google lost, it could face penalties anywhere from $1.4 and $6.1 billion dollars. 

Originally, Google claimed that because the Java programming language itself was open-source that the resulting code couldn't be patented, but that line of defence fell flat. Then, Google tried to duck the blame and say that it hadn't violated any patents, and any violations were from third-parties. Now, Google is saying that if certain conditions are met "the parties could reach an informal resolution of the matter."

The real sticking point for Google is that since early on in the filing Oracle has been asking for penalties on a per-unit basis. Google does not charge licensing fees for the Android OS, and analysts say Google makes less than $10 per device. So, any penalties in the range talked about in this case could lead to a big change in how Google licenses Android, which would have a ripple effect on the number and variety of devices in the ecosystem. 

source: Venture Beat

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posted on 21 Jul 2011, 20:05 3

1. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


Hmmmmmm. Just on the other article, fandroids are bashing Apple as a thief. What's this? Lol. Google is the biggest thief. Android is nothing but a platform of stolen patents that google collated into android. They gave it away for free because it didn't really cost them anything to make, hahahahaha. And they used phone OEM's to adopt android and use them so they could use them for ads :)

posted on 21 Jul 2011, 22:37 6

7. Sniggly (Posts: 6765; Member since: 05 Dec 2009)


"stolen patents"

But if you read the article, only one patent is being considered in violation. And even then, this was free software that Google built on and then gave away for free. I mean, how can you say that you deserve compensation for software you yourself made available to everyone for free?

It's the same with Webkit and your and other iFanboys' claims that Google "stole" that too. It was an open source standard that Apple *helped* create and then released to everyone else to use. For free.

It's also the same with "stolen" functionality. So Android does some functions the same as iOS. I don't hear you complaining about iOS "stealing" ideas from other companies on their user experience, as well as from app developers. No, you don't care, because you have a double standard. Apple's just the only company out there that's a big enough of a douchebag to copyright a gesture.

posted on 22 Jul 2011, 06:24 3

10. snowgator (Posts: 3197; Member since: 19 Jan 2011)


This is a weird case, just for Sniggly's first paragraph. Oracle didn't make money on it, opened it up, so Google ran with it, is giving it away for free, and Oracle can sue?

I am pretty much over all this patent cow-pies. Can we just throw all the infringement lawsuits in a hat, and just pull out winners blindly. Then we can roll dice for settlement amounts. THEN we can get back to debating mobile instead of the law.

posted on 22 Jul 2011, 08:22 3

12. corps1089 (Posts: 492; Member since: 20 Jan 2010)


Java is open source, but it has to remain within the source context of Java. Google copy & pasted [allegedly] into Android and while it also is open source, Android is not in the context of Java. Distributing Java code in Android code, even if you do not sell it, is still a violation. Open source means open access to the code for purposes of retooling it within the context of same program, not to re-use the same code in the context of a different program.

Google may not have made money selling the Android OS, but they certainly have made money advertising off the platform. Those revenues were made possible in part by Java code.

Oracle may not have made money off selling Java, but there certainly is an argument stating Oracle may have lost ad revenue and Oracle lost the potential for revenue since Android's prevelance in the market may have devalued Oracle's potential to monetize Java [had they so desired] and use it's unique code features to leverage a larger installed base [no longer unique since copy & pasted into Android, allegedly].

This also comes at a time when Java is on a new competition frontier with HTML5.

posted on 22 Jul 2011, 08:34

13. snowgator (Posts: 3197; Member since: 19 Jan 2011)


That kinda makes sense. I guess. In a way.

I am still so over this cow-pie.

posted on 22 Jul 2011, 12:28 1

15. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@sniggly. It doesn't matter. They infringed a couple of patented techs. Honestly, I don't care. What I'm trying to point out is. Fandroids are so quick to call Apple a thief, when google is actually the one stealing patented techs left and right. But again, I don't care. It's everyone's right to sue if they feel like someone stole their IP's. Of course the one being sued will have to defend themselves as well. That's just how it is.

posted on 22 Jul 2011, 14:18 1

19. Lucas777 (Posts: 2121; Member since: 06 Jan 2011)


just becuase something is free does not mean u can copy it... and google does make money from android, abotu 10 dollars per handset if u didnt read that far.. basically u r saying that just becuase this website is free to look at its alright if someone copies it, even though it has a copyright...

posted on 21 Jul 2011, 20:28 5

2. DigitalJedi_X (unregistered)


Wrong iZombie boy. CRApple are the biggest thieves around. Why do you think they submitted to Nokia and decided to pay the royalties. Because they knew they were infringing on patents. Why do you think they lost the preliminary case to Kodak? Because they were attempting to steal camera patents. In the case with Nokia, Apple even admitted they were infringing on Nokia patents. They said they didn't want to pay because they thought the price was to high. Lmao!! You CRApple iSheep probably think CRApple invented video chat with facetime too! Lmao!!

posted on 21 Jul 2011, 20:40 2

3. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@digitaljedi. What now? Didn't Apple win in their complaint against Htc? Now how could they have won if they're the thief? As for that Nokia case. Apple was willing to pay in the beginning. It was Nokia who was unreasonable with their terms. Hence, they settled in court. Apple did end up paying. But for the fair amount under FRAND rules, not the amount that Nokia originally was asking for. Kodak lost in their complaint against Apple as well. And it was not just against Apple, so why are you singling out Apple? Who said anything about who invented videocalling? But yes, Apple invented Facetime app. The best videocalling app :)

posted on 21 Jul 2011, 21:19 1

4. Heatfan316 (unregistered)


Google is going to have to pay royalties to oracle just like Apple had to with Nokia, but Gemini they settle out of court you dullard not in court.

posted on 22 Jul 2011, 12:34 2

16. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@heatfan. Oh yeah, do you exactly know when and where and who was present? Geez. It's a settlement. Who gives a s**t if it's done in the courtroom or at McDonalds. They still have to report their settlement to the court.

posted on 21 Jul 2011, 22:03 3

5. ngo2dd (Posts: 781; Member since: 08 Jul 2011)


Kodak won their case what are you talking about. If you want to troll, troll the right way. Here is the link to the story
http://www.engadget.com/2011/07/19/itc-patent-ruling-against-apple-will-stand-kodak-nods-approving/

posted on 22 Jul 2011, 12:40

17. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@ngo2dd. I never said anything about the Apple vs Kodak case. Also, that case in which the court favored Kodak, was on a complaint filed by Apple against Kodak. So it's not like Apple lost to Kodak's complaint.

posted on 21 Jul 2011, 22:42 5

8. Sniggly (Posts: 6765; Member since: 05 Dec 2009)


Okay, first off:

HTC hasn't totally lost yet. There's only been an initial decision made by a judge which may yet be overturned.

Second off:

Your double standard is showing again. It's okay for Apple to reject a request to pay royalties to Nokia because they, being LEGENDARY TIGHTWADS, deign that Nokia's asking price is "too high." But then you condemn HTC and Samsung for not paying Apple right away even though their reasons for not paying (ESPECIALLY since they're clearly willing to pay Microsoft for ITS intellectual property) are probably EXACTLY THE SAME: Apple ASKING FOR TOO MUCH MONEY, PROBABLY AN AMOUNT THAT WOULD CRIPPLE ANDROID PRODUCTION.

Also, just like how Apple hasn't won yet against HTC, they haven't won against Kodak either. The case is being reconsidered and Kodak will probably still get a settlement out of Apple.

posted on 22 Jul 2011, 12:45

18. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


@sniggly. Nokia was asking Apple to pay way higher than what the others are paying. That is in violation to FRAND rules. It has nothng to do with merely being stingy.

Apple's case against Samsung and Htc is different. They never made a deal with Apple on licensing fees. Well, they probably didn't even know that they're infringing some of Apple's tech anyways. They didn't create android. Google did.

posted on 22 Jul 2011, 16:52 1

20. Motown's Finest (unregistered)


530gemini is a dumbass.

posted on 21 Jul 2011, 22:12 5

6. RORYREVOLUTION (Posts: 2940; Member since: 12 Jan 2010)


Hell, apple even steals from their developers trying to support Apple. "No sorry, your app has been denied. However we are going to steal your app and make it our own. Please submit new apps requests that we can deny and steal as well!!!"

posted on 22 Jul 2011, 08:13 1

11. corps1089 (Posts: 492; Member since: 20 Jan 2010)


+1
The best point made yet! Not even thier own followers are off limits for Apple's crash and grab.

posted on 22 Jul 2011, 00:09 1

9. ios/android (unregistered)


@gemini lol you really are a troll...your obviously an ifanboy and will be till death and will never admit any wrong doing apple have commited...this is about google not apple you troll so theres no need for you to be here...you are the biggest apple troll, have seen you on nearly every apple(understandable) and google storys with you drooling over apple.i really dont understand android and apple fans bad as eachother although its harder to convince ifanboys that apple are not perfect...

posted on 22 Jul 2011, 12:23 2

14. 530gemini (Posts: 2198; Member since: 09 Sep 2010)


And you just happen to be an innocent and unregistered passer by :)

posted on 24 Jul 2011, 02:51

21. ios/android (unregistered)


i read phonearena everyday but have no reason to register as i dont comment as much as you do...i have both ios and android and planning on getting a nokia wp7 as i like the integration and speed of wp7.....i just dont understand fanboys which you are one of and i have nothing against fanboys, what irritates me is when fanboys whether they are are apple or android fanboys is they never seem to see from anothers perspective of why they might not like the other platform and how they say android copied ios etc and i agree that android would not exist in this form if it wasnt for apple but hey apple have copied to and you just have to read previews of ios 5 on tech blogs and they agree too, but everyone copies everyone but apple fanboys will always insist apple dont copy but ''innovate''....you obviously will never like android for whatever reason and will be against them regardless but you will be missing out on some great devices such as the galaxy s2 when it does release in the USA....iphones a great phone and works for you perfectly and i too enjoy my ip4 but i also like my s2...sorry if i offended or sounded rude in my first comment :)

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