Oracle sues Google over Java code in Android OS

Software giant Oracle Corp. has filed suit against Google, alleging the digital services firm's Android mobile operating system infringes on intellectual property related to the Java programming language, acquired by Oracle in April 2009 when it purchased rival Sun Microsystems for about $7.4 billion. In the complaint, filed in federal court in California, Oracle alleges the Android OS infringes on seven Java patents and copyrights: "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," Oracle said in the complaint, which also contends that Android developers have been making unlicensed use of Java copyrights. The complaint asks for unspecified damages, and argues that any Android-based software determined to be in violation of Oracle's copyrights should be "impounded and destroyed."

The Oracle complaint states that the Java platform has attracted more than 6.5 million software developers. "One of the most important technologies Oracle acquired with Sun was the Java platform," the filing notes. Prior to the Oracle acquisition, Sun released a series of key elements of the Java code via open-source license in hopes of boosting developer interest.  

Many industry onlookers expressed surprise over the suit. "Java is essential for Android," IDC analyst Al Hilwa told The San Jose Mercury News, adding that "since Android has been out there for more than a year, most people would have expected they were in compliance with whatever license terms apply." Based on similar disputes, Hilwa said it's likely Oracle and Google have been quietly negotiating for months: "Going public with a lawsuit may well be part of a strategy by Oracle for trying to force the issue," he said. A Google spokesperson said the company has not yet been served with the lawsuit, and therefore cannot comment.

Google's Android platform now represents 17.2 percent of the global smartphone market, overtaking Apple's (NASDAQ:AAPL) iOS as the world's third most popular smartphone OS and edging past Research In Motion's (NASDAQ:RIMM) BlackBerry to emerge as the top-selling OS in the U.S., according to new data published by research firm Gartner. Worldwide sales of Android-powered devices topped 10.6 million in the second quarter of 2010, up from just 756,000 a year ago, at which time Android made up only 1.8 percent of the global smartphone market. Last week, Google CEO Eric Schmidt said sales of Android smartphones now total about 200,000 each day.

For more on the Oracle/Google skirmish:
- read this San Jose Mercury News article

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