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1) While Oracle's chances don't look great, there is still a chance that parts of it could be overturned on appeal. Plus, if they are still hoping for some kind

by suresk 14y ago

1) While Oracle's chances don't look great, there is still a chance that parts of it could be overturned on appeal. Plus, if they are still hoping for some kind of settlement with Google, they'll need to keep litigating to put pressure on them to do so. Even though Google "won" this round, I still think some sort of settlement is in the long-term best interests of both companies and the communities around Java and Android - some small, undisclosed sum of money can change hands to help Oracle save face and the two can make up and work together on Java/Android. If Sun had remained a separate company and sued Google (I believe they would have at some point), this likely would have already happened. 2) Ego. Larry and Oracle hate losing.

rst 14y ago
The usual arguments for someone to settle a legal case are avoiding the costs of litigation, and a potentially ruinous award. From Google's perspective, though, these may not be operating the way they usually do. Google, and particularly Android, are getting patent suits from all quarters, and have to think about the cost of all that litigation, not just this case. So, they might view the best outcome in this case as the one which is most likely to deter the next guy. Quietly settling for a low nine-figure sum is unlikely to achieve that; quiet settlements for that amount risk them having patent trolls lined up out the door from Mountain View to Gilroy. And after Oracle came in initially demanding billion-dollar damages up front plus a share of ongoing Android revenues, even that might not be enough for Oracle to "save face". (Edit: yes, I'm aware this is no longer strictly a patent case, but that's how it started, patents were an issue at trial, and once it goes to court, both parties are always throwing whatever they have at the wall.) Also, at this point, the prospects of a large award against Google are (one hopes!) minimal --- they could only come after a reversal on appeal. And, in addition to Alsup's trial court ruling, they can count on a flood of amicus briefs pointing out (correctly, IMHO) how reversal would be calamitous for the industry. So, that's a gamble Google might want to take. And Oracle has no choice. So, a settlement might be in the interest of the larger community, but I'm not sure either party would likely see it in their own private interest.

by suresk 14y ago

rst 14y ago

The usual arguments for someone to settle a legal case are avoiding the costs of litigation, and a potentially ruinous award. From Google's perspective, though, these may not be operating the way they usually do. Google, and particularly Android, are getting patent suits from all quarters, and have to think about the cost of all that litigation, not just this case. So, they might view the best outcome in this case as the one which is most likely to deter the next guy. Quietly settling for a low nine-figure sum is unlikely to achieve that; quiet settlements for that amount risk them having patent trolls lined up out the door from Mountain View to Gilroy. And after Oracle came in initially demanding billion-dollar damages up front plus a share of ongoing Android revenues, even that might not be enough for Oracle to "save face". (Edit: yes, I'm aware this is no longer strictly a patent case, but that's how it started, patents were an issue at trial, and once it goes to court, both parties are always throwing whatever they have at the wall.) Also, at this point, the prospects of a large award against Google are (one hopes!) minimal --- they could only come after a reversal on appeal. And, in addition to Alsup's trial court ruling, they can count on a flood of amicus briefs pointing out (correctly, IMHO) how reversal would be calamitous for the industry. So, that's a gamble Google might want to take. And Oracle has no choice. So, a settlement might be in the interest of the larger community, but I'm not sure either party would likely see it in their own private interest.