AAPL Stock: 111.6 ( -0.52 )

Printed from

Oracle can use Google e-mail admitting Android patent issues

updated 07:45 pm EDT, Thu October 20, 2011

Oracle cleared for key evidence in Android lawsuit

Oracle obtained a key ruling Thursday after Judge William Alsup determined that it was allowed to use internal Google e-mail admitting patent problems in Android as evidence in its lawsuit over Java copyrights and patents. Alsup determined that Google had "failed to identify any aspect" of Oracle's demand that was either mistaken or illegal. Attorney-client privilege didn't cover the messages, he said.

In some of the messages, mobile VP and Android pioneer Andy Rubin pushed for a pre-buyout Sun to open-source Java in a way that would ultimately let Google use it for free. That didn't materialize, and Rubin communicated with Google co-founders Larry Page and Sergey Brin with the mutual knowledge that a full license might cost Google $100 million a year, a sum that Google never ended up paying.

Google had tried looking for an alternative to Java in Android for that reason but ultimately concluded that it needed the language for its mobile OS.

The admission could be potentially dangerous for Google. While it has indicated it would be willing to make a payment, it has been trying to avoid billions in payouts that it feels are excessive. Oracle, if it can persuade Alsup that the e-mail shows willful patent infringement, could make Google pay extra, whether for past use or for future per-device royalties.

Android is dependent on a Java-based just-in-time engine, Dalvik, to run its native apps. Redesigning Android to avoid Java would involve a fundamental change.

by MacNN Staff



  1. pairof9s

    Joined: Dec 1969


    What audacity

    Google wasn't denying the emails were factual, only that they couldn't be used in the legal proceedings. In others words, they're saying "Oh, we definitely stated that Android was stealing ideas, but you can't legally prove we stated that."


Login Here

Not a member of the MacNN forums? Register now for free.


Network Headlines

Follow us on Facebook


Most Popular


Recent Reviews

Polk Hinge Wireless headphones

Polk, a company well-established in the audio market, recently released a new set of headphones aimed at the lifestyle market. The Hin ...

Blue Yeti Studio

Despite being very familiar with Blue Microphones' lower-end products -- we've long recommended the company's Snowball line of mics ...

ZTE Spro 2 Smart Projector

Home theaters are becoming more and more accessible these days, but maybe you've been a bit wary about buying a home projector. And h ...


Most Commented