Oracle/Google Lawsuit Analysis

Oracle Blaming Google for Java Fragmentation?

Jessica Thornsby

Florian Mueller has blogged his thoughts on the publicly available documents.

Florian Mueller has posted a blog over at FOSS Patents, where he analyses
the ‘Google Filing Re. Oracle Damages’ document that has recently
become public. According to Mueller, the document suggests that
Oracle is demanding compensation for past infringements by Google,
which he says “would in the worst case far exceed any money Google
has made with Android so far — and would likely expect Google to
pay even more going forward.”

Mueller has researched other publicly available documents
related to the lawsuit, and has found that Google are trying to
prevent “Oracle’s expert Iain Cockburn” from sharing his damages
report, stating that “allowing him to testify about his conclusions
to a jury would prejudice Google.” Google accuse Cockburn of legal
errors and call his report “unreliable, misleading, and
inappropriate for presentation to the jury.” Iain Cockburn’s
damages report is not available to the public, although Mueller
writes that the report is exclusively about damages for past
infringement.

Google’s comments also suggest that Cockburn is claiming Google
are responsible for contributing to the fragmentation of Java, and
this should be taken into account regarding damages:

“Most audaciously, Cockburn tries to import into his royalty
base the alleged harm Sun and Oracle would have suffered from
so-called ‘fragmentation’ of Java into myriad competing standards,
opining that Oracle’s damages from the Android software includes
theoretical downstream harm to a wholly different Oracle product,”
say Google.

Mueller concludes that if Oracle does succeed in obtaining an
injunction against Google, the search giant will be forced to pay
both a significant per-copy royalty to Oracle, and formally
recognise Oracle’s control over Java and modify its code in
response to Oracle’s fragmentation complaints. He also questions
whether Google could afford to continue to release Android for
free, if Oracle’s lawsuit is successful.

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