Judge Alsup has required Oracle to allow Google to depose five or Oracle’s engineers, one of whom is Hinkmond Wong who wrote in a blog,
“”For the other commenter who thinks Android is “based on Java”, you are incorrect. While it is true that the programming language for Android is the Java programming language, the Android platform itself uses the Dalvik virtual machine and processes Dalvik bytecode, not Java bytecode, so the Android platform is NOT based specifically on Java ME technology.
That is why the chart (above) from the Net Applications mobile analytics company, specifically calls out and differentiates “Java ME” from “Android” as two distinct Mobile/Tablet OSes, see the chart. Otherwise, if you think about it, why would they list the two different OSes in their Mobile/Tablet OS Share chart?””
The judge has heard similar things from Google’s lawyer but hearing it from an employee of Oracle cited in Oracle’s research paper on damages done to Oracle by Android/Linux is going to hurt. I like it. Oracle will have to impeach one of their own authorities or admit the lawsuit was a hollow sham. Cute.
Groklaw again lives up to its motto, When you want to know more but don’t know where to look.
If I were judge Alsup, I would entertain a motion for summary judgment in Google’s favour but the judge likely has to allow the jury to decide using this fact. He could open a door inviting Oracle to drop the case to save inevitable defeat… Even if the jury find for Oracle this fact has to gut the value due Oracle for any compensation. The issues of patent now come down to whether or not Dalvik violates the patents and this fact clearly shows it does not. A patent cannot prevent translation by an organiztion of an organization’s code to another language. Google did not write most of the code that runs on Android/Linux. Third parties did. Google only supplied the translating software.
Issues of copyright now come to the API, an abstraction which should not by copyright protectable or all Java applications would be in violation, a silly idea. Oracle’s whole lawsuit is silly. This proves it.