14 DAY TRIAL // Google has responded to the lawsuit Oracle filed against the company for patent and copyright infringement of its Java technology. As expected, Google claimed that it didn't infringe on any patent and even if it did those patents are invalid or unenforceable. It also called into question Oracle's motives and stance on openness.
The core of the lawsuit centers around Android and its use of Java technology. Android is based on the Linux kernel, but simply runs a Java virtual machine on top of it.
Any other application is run in the VM, an approach that has several advantages like cross-device compatibility and protection from some security issues.
Google uses the Dalvik VM for this, which it developed. It is incompatible with Sun's, now Oracle's Java VM. Google's VM is based on the open-source Apache Harmony project, which is an open implementation of the Java SE.
The reason why Harmony exists in the first place is because Sun's implementation is not completely open source. Java itself has been released as open source, however, any project which involves the technology must be shown as compatible with the Sun specification.
But the only way to do that is to use Sun's Java Technology Compatibility Kit which includes a field of use limitation license. In essence, it bars the use for mobile devices, a strategic move from Sun as Java has been particularly popular on mobile phones.
The Apache Software Foundation has been fighting Sun, and now Oracle, for years over this license. Because of the limitation, Apache has never taken a JCK license for Harmony. The crucial part is that this would also grant it a license over the intellectual property Sun owns, including the patents in question.
Interesting, though not necessarily surprising, is that Oracle was one of Sun's critics before it acquired the company and repeatedly asked Sun to review its position on licensing the JCK. Google gives several examples of this.
This, Google says, shows that the Oracle is now just abusing the situation and that it's not acting in the best interest of the community and innovation.
Of course, this doesn't change the fact that Oracle does own the patents in question. Part of the reason why Apache wants the JCK license is because it comes with the intellectual property rights.
Oracle is obviously using the IP it acquired from Sun to maybe squeeze some money out of Google. After all, it could just as well go after Apache or any other company out there using Harmony or something based on it.
But none of them have the resources Google has, which is what it all comes down to. It's going to be interesting to see how the lawsuit continues since, despite its dubious motives, Oracle may have a strong case.