The Battle
Googlewith Oracle may have profound implications of patents, but the jury ruled by personal criteria lego
A owns fifty percent of a 767 jumbo jet, the other flying a Russian MiG-29 fighter (and tried his hand during simulated combat).
This week, Larry Page, 39, co-founder of Google, Larry Ellison, CEO of 67 years and owner of Oracle Chief MiG, having to testify in court San Francisco, their companies are facing allegations that elements of software for mobile phone from Google are copied without a license owned by Oracle software.
The opposite case of Silicon Valley "old money" against a new generation. Ellison made his pile of production software for large organizations in the days before the Internet changed everything, top business succeeds precisely because of the Internet revolution
The two companies are the same size, with $ 38 billion (£ 23.6bn) in annual revenues and $ 8 billion and 9 billion in revenues. In the complaint, filed in August 2010, Oracle accuses Google of violating copyright and patent related to the Java programming language, acquired with Sun Microsystems in April 2009. This is the biggest legal battle in the technology sector since 1998 when the U.S. Department of Justice sued Microsoft for violating antitrust law - and won
Although Microsoft has survived to the following sanctions ordered by the court, was never the same. And the effect could be very important if Oracle wins. It would, say observers, protection of copyright on the elements of a programming language known as "API" - the application programming interfaces - that tell the software how to run specific commands. "This could turn the industry on its head," said Mark Webbink, Executive Director of the Center for Law School Innovation Patent in New York, San Francisco Mercury. It could also lead to struggles over the copyright of many in an industry that is already sold and care in case of patent claim, such as those between Apple and Android mobile phone companies.
For Google, this could mean the payment of royalties for each copy of uses Android - now on phones and tablets of 300 meters around the world - which would go against what is free use
. Lawyer
Oracleleader is David Boies, who acted for the Government of the United States against Microsoft, Bill Gates is famous until "evasive and unresponsive" (to quote a observer) in a video statement in which it asked the meaning of "race" and "ask" and frequently answered "I do not remember."
Boies In reviewing the page this week, there was what seemed echoes of those moments. Page has been well aware of this - when it launched Google with Sergey Brin and adopted a company motto of "Do not be evil", the couple had bad Microsoft's actions in the spirit
Boies tried to get the page, wearing a shirt and tie rather than the more informal march from the headquarters of Google, said he thought it was free of Java. Page was elusive to the extent that Judge William Alsup - who chaired a number of high-tech tests - said to answer. "Yes, no, I do not know or do not remember" page frequently chosen to Moreover, according to court reports.
But Ellison did not escape unscathed. In a video earlier testimony, asked if someone could use Java without paying royalties, he replied: "That's right" - but on a candlestick, he replied: "You do not know." His testimony on the stand and contradict the video appeared more than once.
Google says that Java is open to anyone to use, and uses the same names for elements that are pleaded that the parts of speech such as verbs or nouns, and can not be with author rights. Oracle says they are the creative work - "building blocks" to quote Ellison - and thus attract copyright, and that Google has violated this. He is demanding a payment of several million dollars and a reduction in revenue from the Google search and buy on Android - the latter a figure Google has fought hard to keep secret
The trial has already surprises. Ellison said Oracle - a software company - had been considered but rejected the purchase of BlackBerry maker RIM and Palm smart phone company (it closed and since the acquisition by Hewlett-Packard)
Page surprised viewers who heard him rave about the growing use of smartphones created by the software Android. Asked whether Android is a major asset for Google, said: "It was important that I would not say critical.". For increasing efforts to those of observation of Google to stay ahead of changing mobile Internet - Internet enabled phones are expected to outnumber PCs online from next year to 1.82bn 1.78bn - was unexpected minimize Android
In industry, the sympathies are divided. Oracle is known as a tough negotiator and pleaded fierce plunges customers well into his embrace. Ellison is the public face, a billionaire born in New York a single mother and an Air Force pilot. He led battles with bitter rivals, married and divorced four times, is the owner of one of the largest yachts in the world and many exotic cars. Oracle is not the kind of frivolous society have on the site, unlike the irresponsible culture of Google.
The site Groklaw - support open source software, reports and patents has been running daily transcripts of court officers - Oracle is clearly the bad guys. Ellison may also have horns.
However, some in the industry to sympathize with him. They are the sun was useless and let Google run around, as it did for others. "Ten years ago we left Java for our products, as it was something like 95% open source, meaning it is not open source," said Richard Zybert, Zybert Computing in Birmingham, which makes servers, routers and USB devices, The Guardian. "I have mixed feelings about it. Oracle are idiots, but I think Google does not know what they were doing. It is only when you grow up like that, you get careless. This is not the first time, Google has acted as the law was of little people. "
- However, it may be that legal doctrine does not, ultimately, to decide the case. Ilya Kazi, a partner of law firm Mathys & Squire, said the case is heard before a lay jury, including a plumber, a former postal worker, a designer of the Gap store and a nurse. "I could talk at length about the intricacies of copyright," he told the Guardian. "But I do not think that's what you decide. Go to be decided in the jury room for their likes and dislikes." key issues
Oracle
copyright a programming language
Larry Ellison, Oracle CEO.
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