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It seems like there's something missing from the story. I don't see how Google wouldn't have known they were infringing on Sun's patents. How could they relea

by bmm6o 16y ago

It seems like there's something missing from the story. I don't see how Google wouldn't have known they were infringing on Sun's patents. How could they release Android without a licensing agreement? It would be insane.

alanh 16y ago
In the filing Oracle claims Google knows this because it hired Java programmers away from Sun years ago.
- btilly 16y ago
  They are saying that because if they can prove willful infringement then they get increased damages. However it is unclear at this point that said Java programmers were the ones to implement this. And some may not have been aware of the patents in question.
- bmm6o 16y ago
  Right, my question is why didn't Google know they were opening themselves up to this kind of suit? Could they possibly have known but gone ahead anyway? That would be crazy.
  - WildUtah 16y ago
    As far as Google, they deliberately wrote a new virtual machine to be certain they were not infringing. With the patent system we have today, the only way to avoid opening themselves up to this kind of suit is to stop writing software entirely. Google isn't infringing on the patents and sure isn't violating the copyright. Oracle knows that a Texas jury won't understand the technical issues and hopes Google will settle to avoid the chance of losing billions over a bogus and ignorant verdict. The outcome of a jury trial in a case like this is like flipping a coin. There won't be any hackers on the jury or else it'd be a five minute decision out of the jury room for Google.
    - hughw 16y ago
      I always assumed Google had done their legal homework before building Dalvik. If they truly did a thoroughly clean implementation and if they truly examined all the patent issues they could foresee, then this case would prove that nobody, no company at all, no matter how diligent, can safely write software without fear of infringing patents. That won't help Google in court, but they could help make the case against software patents in the U.S. Congress. My dearest hope.

by bmm6o 16y ago

alanh 16y ago

In the filing Oracle claims Google knows this because it hired Java programmers away from Sun years ago.

btilly 16y ago
They are saying that because if they can prove willful infringement then they get increased damages. However it is unclear at this point that said Java programmers were the ones to implement this. And some may not have been aware of the patents in question.
bmm6o 16y ago
Right, my question is why didn't Google know they were opening themselves up to this kind of suit? Could they possibly have known but gone ahead anyway? That would be crazy.
- WildUtah 16y ago
  As far as Google, they deliberately wrote a new virtual machine to be certain they were not infringing. With the patent system we have today, the only way to avoid opening themselves up to this kind of suit is to stop writing software entirely. Google isn't infringing on the patents and sure isn't violating the copyright. Oracle knows that a Texas jury won't understand the technical issues and hopes Google will settle to avoid the chance of losing billions over a bogus and ignorant verdict. The outcome of a jury trial in a case like this is like flipping a coin. There won't be any hackers on the jury or else it'd be a five minute decision out of the jury room for Google.
  - hughw 16y ago
    I always assumed Google had done their legal homework before building Dalvik. If they truly did a thoroughly clean implementation and if they truly examined all the patent issues they could foresee, then this case would prove that nobody, no company at all, no matter how diligent, can safely write software without fear of infringing patents. That won't help Google in court, but they could help make the case against software patents in the U.S. Congress. My dearest hope.