Google found distributing Oracle's Java code within Android project

Posted:
in iPhone edited January 2014
Files originating in Oracle's Java have been discovered within the Android open source project managed by Google, emboldening Oracle's copyright infringement claims against the company.



Florian Mueller, an "intellectual property activist" who writes a blog on the subject of software patents and how they relate to free and open source software, posted a description of dozens of files that "Oracle might present to the court as examples of copyright-infringing material in the Android codebase."



Mueller wrote that the examples include 37 code files "marked as 'PROPRIETARY/CONFIDENTIAL' by Sun and a copyright notice file that says: 'DO NOT DISTRIBUTE!'," setting off new discussions about the case. Oracle, which acquired Sun last year, has brought suit against Google claiming that Android illegally infringes upon its Java intellectual property.



Oracle appears intent to charge Google a licensing fee for distributing Android if it prevails in the case. Android has largely replaced Oracle's Java ME as the target platform for mobile manufacturers who lack their own software platform, in part because licensing Oracle's Java costs money, while Google is offering Android for free.



By forcing Google to pay licensing fees to distribute Android, Oracle will at least benefit from its newly acquired Java indirectly, and may also be able to continue to sell Java as a mobile platform if it is not forced to compete against Google's free alternative, which Oracle maintains is only free because it is not original work but rather an infringement of its own intellectual property.



In defense of Google



Following the discovery, a report by Ars Technica detailed that most the discovered files were part of a third party component's audio software that does indeed include code from Oracle, but which was never distributed as part of the Android OS on actual devices.



The report notes that the file archive in question is "hosted in the Android code repository, but its contents are not part of the Android codebase itself. These finds demonstrate a need for more rigorous code auditing to avoid such cases of incidental infringement, but don't support the contention that Android itself, in the form that is shipped on devices, is cribbing from J2ME."



A more scathingly-worded defense was posted by ZDNet, which similarly described some of the files in question as being internal unit test tools that would not ship on Android devices.



The other 37 files were dismissed under the explanation, "somebody uploaded it by mistake and it should simply be deleted."



Doesn't look good for Google



Responding to those defense arguments, Engadget wrote that, "from a technical perspective, these objections are completely valid," but that, "from a legal perspective, it seems very likely that these files create increased copyright liability for Google."



That report concluded, "the single most relevant legal question is whether or not copying and distributing these files was authorized by Oracle, and the answer clearly appears to be 'nope' -- even if Oracle licensed the code under the GPL.



"Why? Because somewhere along the line, Google took Oracle's code, replaced the GPL language with the incompatible Apache Open Source License, and distributed the code under that license publicly. That's all it takes -- if Google violated the GPL by changing the license, it also infringed Oracle's underlying copyright."



This all happened before



If Android is found to have improperly distributed code that belonged to Oracle, whether or not it actually was used on handsets, it could be found liable for damages related to Google benefitting from using Oracle's code against the terms of the license(s) it was originally distributed under. That may force Google to pay Oracle licensing fees, royalties or a lump sum settlement, and would likely force Google to remove all infringing code in order to continue to offer a non-infringing version of Android for free.



A similar copyright case between Unix System Labs and BSDi in the early 90s resulted in the creation of a non-infringing version of BSD Unix, which was later incorporated by Apple in the development of Mac OS X in order to avoid needing to license the commercial version of Unix.



At the same time, the original USL vs. BSD trial and the removal of infringing Unix code from took so long to complete that development of BSD as a free version of Unix was surpassed by Linux, a parallel free workalike operating system that began just as BSDi was getting sued. The same could potentially happen to Android, were it held back by legal disruptions that gave an advantage to competing platforms that aren't encumbered with legal issues.



A similar case for WebM



While Google's Android case continues, the issues being raised also suggest similar potential problems for WebM, the VP8 codec Google acquired and released as royalty free software as an alternative to the open, but not free, H.264 specification backed by Apple, Nokia, and other hardware makers.



The company delivered WebM almost immediately after obtaining it, raising questions about how thoroughly the company reviewed its new code for possible intellectual property issues.



Regardless of how well Android and WebM hold up to scrutiny, the cases may likely change how companies, in particular Google, manage the distribution of their free and open software projects. Other companies, including Sun, Apple, Mozilla and others, have spent years reviewing code before making it available as open source, in order to avoid such problems.



The need for a clean room



Compaq, one of the first modern tech companies to create a copy of existing intellectual property (in its creation of a non-infringing, yet compatible version of IBM's original PC), similarly went through great pains to set up a "clean room" environment intended to replicate the functions of IBM's embedded software without incorporating any actual code or in any way "contaminating" those creating the copy with knowledge of how IBM's own original implementation worked.



In contrast, Google's development of Android occurred after hiring Sun's chief technology officer, Eric Schmidt, to serve as its chief executive in 2001. According to Google's own bio, Schmidt let the development of Java at Sun through 1997; Google has subsequently hired large numbers of former Sun employees, many of whom worked on Java.



Android itself originated from Danger (below), a licensed Java platform. After acquiring Android, Google decided to design Androids's virtual machine to run apps written in the Java language using the Java SE class library (take from Apache Harmony) using a modification of Sun's Java VM that the company believed would free it from having to pay Sun for a Java license in order to distribute it legally.



It appears there is considerable room for criticizing how Google has managed Android's source code, a problem that may complicate the future of the company's free platform just as it strives to take on competitors in the fast moving smartphone and tablet markets.



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Comments

  • Reply 1 of 272
    I never knew this was GoogleInsider. You'll need a new logo.



    Anyway, since it doesn't "look good" for Google, I suppose they'll be run out of business, right? That'll happen.
  • Reply 2 of 272
    Hardly surprising.



    But hey, it's "open", so it's all good.
  • Reply 3 of 272
    veblenveblen Posts: 201member
    Quote:
    Originally Posted by AppleInsider View Post


    Following the discovery, a report by Ars Technica detailed that most the discovered files were part of a third party component's audio software that does indeed include code from Oracle, but which was never distributed as part of the Android OS on actual devices.



    I'm not reading the headline "Google found distributing Oracle's Java code within Android project" as being accurate. The article itself says the code wasn't distributed to any devices. I guess it is technically "within the project". I don't see them removing the code as being a huge deal. Exactly how much would this kind of infringement cost them in damages based on the previous cases? How exactly was the code being distributed by Google? Was it buried in their code repository somewhere?
  • Reply 4 of 272
    Quote:
    Originally Posted by veblen View Post


    I'm not reading the headline "Google found distributing Oracle's Java code within Android project" as being accurate. The article itself says the code wasn't distributed to any devices.



    Regardless, the lawyers gonna love Google for this, keeps them busy.
  • Reply 5 of 272
    Android does pride itself as the first to have "Copy and Paste" in a mobile OS.



    Google's new motto: "CTRL-C, CTRL-V"
  • Reply 6 of 272
    Dan, with all of the Google hate when do you post the article taking Apple Insider to task for having Evo, Xoom and Chrome ads running on the site? I mean, if Google is the enemy and Android is an evil ripoff of iOS then why run ads for their stuff right?
  • Reply 7 of 272
    Could someone please take DED's keyboard away before he embarrasses himself any further?



    "After acquiring Android, Google decided to design Androids's virtual machine to run apps written in the Java language using the Java SE class library (take from Apache Harmony) using a modification of Sun's Java VM that the company believed would free it from having to pay Sun for a Java license in order to distribute it legally."



    WRONG. The Android platform uses the Dalvik VM, which is not a Java Virtual Machine. It's not a modification of the JVM. The Dalvik VM has a different instruction set than the JVM. Dalvik is register-based; the JVM is stack-based.



    Can't DED get the basic facts right? He should at least read the bloody Wikipedia page before banging out his fanboy screeds.
  • Reply 8 of 272
    This Engadget article has already been debunked. What a horrible story.
  • Reply 9 of 272
    radjinradjin Posts: 165member
    Quote:
    Originally Posted by veblen View Post


    I'm not reading the headline "Google found distributing Oracle's Java code within Android project" as being accurate. The article itself says the code wasn't distributed to any devices. I guess it is technically "within the project". I don't see them removing the code as being a huge deal. Exactly how much would this kind of infringement cost them in damages based on the previous cases? How exactly was the code being distributed by Google? Was it buried in their code repository somewhere?



    Even if the software was not distributed with any handsets, it's the fact that Google took license software and distributed it under a different open-source and incompatible license. This example is extreme but it would be like taking excel and posting it as open-source and distributing it under a new open-souce license, deleting Microsoft's license in the process.
  • Reply 10 of 272
    hill60hill60 Posts: 6,992member
    Quote:
    Originally Posted by veblen View Post


    I'm not reading the headline "Google found distributing Oracle's Java code within Android project" as being accurate. The article itself says the code wasn't distributed to any devices. I guess it is technically "within the project". I don't see them removing the code as being a huge deal. Exactly how much would this kind of infringement cost them in damages based on the previous cases? How exactly was the code being distributed by Google? Was it buried in their code repository somewhere?



    Was Oracle's copyright code published by Google, without the express permission of Oracle?



    As the code exists or existed in repositories managed by Google the answer is yes.



    Now it's up to a judge to determine if Google is guilty.
  • Reply 11 of 272
    veblenveblen Posts: 201member
    Quote:
    Originally Posted by Radjin View Post


    Even if the software was not distributed with any handsets, it's the fact that Google took license software and distributed it under a different open-source and incompatible license. This example is extreme but it would be like taking excel and posting it as open-source and distributing it under a new open-souce license, deleting Microsoft's license in the process.



    I read you Radjin. But how did they distribute it if it wasn't in the code base that vendors and customers were downloading and compiling on their android headsets? Where was it distributed? I'm not saying it wasn't distributed.



    I think your example of Excel is an extreme case. What we are talking about here are some test files that aren't even central to the distributed product. To me if this is the best stuff that Oracle has to sue Google with I think the suit is pretty petty.
  • Reply 12 of 272
    veblenveblen Posts: 201member
    Quote:
    Originally Posted by hill60 View Post


    Was Oracle's copyright code published by Google, without the express permission of Oracle?



    As the code exists or existed in repositories managed by Google the answer is yes.



    Now it's up to a judge to determine if Google is guilty.



    I can put code in a repository and not distribute it to anyone else without violating a license can't I?
  • Reply 13 of 272
    Quote:
    Originally Posted by Radjin View Post


    Even if the software was not distributed with any handsets, it's the fact that Google took license software and distributed it under a different open-source and incompatible license. This example is extreme but it would be like taking excel and posting it as open-source and distributing it under a new open-souce license, deleting Microsoft's license in the process.



    Google didn't take the code and place it in the source tree, a third party did. Does that remove liability for Google? No, it doesn't but Daniel's wet dream that Google will have to fork over truck loads of cash or possibly even abandon Android is far from certain.



    I'm not a or a lawyer and oddly enough neither is Daniel. A Court will decide if Google's use of Java to code and compile Android applications is infringes Sun patents or not.



    To this very day I am stunned that Google let Oracle get Sun. Perhaps they tried and failed but it was a gigantic miss regardless of the circumstances.
  • Reply 14 of 272
    veblenveblen Posts: 201member
    Quote:
    Originally Posted by hill60 View Post


    Was Oracle's copyright code published by Google, without the express permission of Oracle?



    As the code exists or existed in repositories managed by Google the answer is yes.



    Now it's up to a judge to determine if Google is guilty.



    I think if the code existed in Google's repositories and people downloaded from there they are guilty of distributing some of Oracle's code in violation of their license. But what would the damages be? Don't you need to show that you were financially harmed to get a decent amount in damages? If the code wasn't widely distributed and wasn't actually used in the code that Google received money from how high could the damages really be?
  • Reply 15 of 272
    And here we go again.



    That's it, Appleinsider feed is off my reader. Goodbye.
  • Reply 16 of 272
    Regardless, Oracle has a reputation for fiercely protecting it's IP. Look at what they just did to SAP? My guess is that Larry Page will decide it's not worth the liability and legal fees and settle with Oracle. Google took a huge risk by providing a non-licensed implementation of Java. RIM choose to license JVM, from Sun, several years ago while Apple decided to forgo Java, on iPhone, altogether. When Microsoft tried to ship a non-Sun version, of Java, they sued by Sun and eventually settled out of court (for billions). What makes you think Google is going to get away with no penalty? In any case, in order for a copyright to be enforceable the holder must demonstrate a willingness to protect it. This is a no lose for Oracle and probably a huge payout for Google. This is only my personal opinion. In the spirit of full disclosure I am an ex-Sun employee (I don't work for Oracle)...
  • Reply 17 of 272
    Quote:
    Originally Posted by dualaub2006 View Post


    Dan, with all of the Google hate when do you post the article taking Apple Insider to task for having Evo, Xoom and Chrome ads running on the site? I mean, if Google is the enemy and Android is an evil ripoff of iOS then why run ads for their stuff right?



    I wouldn't question Dan, but I've also noticed this a long time ago.



    Most recently their annoying 'sound always on' adds... Thankfully only happened for one day. At least that I noticed.
  • Reply 18 of 272
    Quote:
    Originally Posted by veblen View Post


    I can put code in a repository and not distribute it to anyone else without violating a license can't I?



    No you cannot.
  • Reply 19 of 272
    Quote:
    Originally Posted by veblen View Post


    I'm not reading the headline "Google found distributing Oracle's Java code within Android project" as being accurate. The article itself says the code wasn't distributed to any devices. I guess it is technically "within the project". I don't see them removing the code as being a huge deal. Exactly how much would this kind of infringement cost them in damages based on the previous cases? How exactly was the code being distributed by Google? Was it buried in their code repository somewhere?



    Let's say it's $1.00 per activated device. Then those activated devices per day add up pretty quick don't they? Even if it's $.50 per device....
  • Reply 20 of 272
    Quote:
    Originally Posted by Aeolian View Post


    Let's say it's $1.00 per activated device. Then those activated devices per day add up pretty quick don't they? Even if it's $.50 per device....



    Sorry, forgot to mention that most of these rulings are "retroactive."
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