Open Source Attacked, Oracle Sues Google

Open Source Attacked, Oracle Sues Google


Oracle has filed a lawsuit against Google alleging that the Android maker infringes on Java patents and copyrights. Oracle acquired these technologies via Sun acquisition.

Oracle acquired Sun after a stiff resistance from anti-competitive bodies from the EU, where Free Software Foundation extended support to Oracle believing the company will endorse free software philosophy. Sun had been a great supporter of 'open source' technologies.

Oracle on the other hand has a completely different business model and approach towards open source. Oracle has made it's first attack against an open source software using Sun acquired technologies.

Oracle said in the lawsuit, "Google’s Android competes with Oracle America’s Java as an operating system software platform for cellular telephones and other mobile devices. The Android operating system software “stack” consists of Java applications running on a Java-based object-oriented application framework, and core libraries running on a “Dalvik” virtual machine (VM) that features just-in-time (JIT) compilation. Google actively distributes Android (including without limitation the Dalvik VM and the Android software."

The Lawsuit further says:

Android (including without limitation the Dalvik VM and the Android software development kit) and devices that operate Android infringe one or more claims of each of United States Patents Nos. 6,125,447; 6,192,476; 5,966,702; 426,720; RE38,104; 6,910,205; and 6,061,520.

On information and belief, Google has been aware of Sun’s patent portfolio, including the patents at issue, since the middle of this decade, when Google hired certain former Sun Java engineers.

On information and belief, Google has purposefully, actively, and voluntarily distributed Android and related applications, devices, platforms, and services with the expectation that they will be purchased, used, or licensed by consumers in the Northern District of California.

Android has been and continues to be purchased, used, and licensed by consumers in the Northern District of California. Google has thus committed acts of patent infringement within the State of California and, particularly, within the Northern District of California. By purposefully and voluntarily distributing one or more of its infringing products and services, Google has injured Oracle America and is thus liable to Oracle America.

Oracle's lawsuit might be seen by many as a stab in the heart of open source technologies. Should companies get uncomfortable in using some decent open source technologies developed by Sun which includes MySQL, OpenOffice, Java and many more?

We will be doing a follow-up on this story once we gather more information. In the meantime what are your sentiments when you see an open source project is being sued?