Oracle, who trumpeted to the world that Google stole their property and owed Oracle $billions, now is on the defensive in the suit they brought.
Today, GROKLAW shows the arguments the court asked of the participants:
“Google asserts that Sun’s field-of-use restriction only arose if you licensed the Java technology development kit (TDK) to assure compatibility between your version of Java and the standard version produced by Sun, and if you took that license and assured compatibility, you were then licensed to use Sun’s Java trademark to reference your compatible version. The Apache Foundation was never willing to license the TDK under those conditions, never did so, and refrained from calling or referencing Harmony as Java. As a consequence, Harmony has never been subject to the TDK field-of-use restrictions, and Sun never attempted to enforce those restrictions against Apache. Assuming the API implementations used by Google are those found in Apache, and given that Google does not refer to Android as Java or Java-compatible, this would appear to be a compelling argument.”
Oracle managed only to sow confusion which the judge has noticed…
“B. Questions For Oracle.
By claiming that Google infringes the API implementation, is Oracle alleging that Google copied the source code implementing the APIs? Is Oracle also claiming that Googleâ€™s source code implementation of the Android APIs is a derivative work of the Java API specifications? What is Oracleâ€™s answer to Googleâ€™s point in reply that the copyright registrations do not create a presumption as to the copyrightability of the APIs? Are there any aspects of the APIs that Oracle concedes are unprotectable by copyright?”
Questions for Google are pretty unloaded in comparison:“C. Questions For Google.
Does Google admit to copying the structure, arrangement, and selection of the Java APIs? Are these 11 source code file removed from Android?”
When he figures out what an API is, Oracle is toast.
The judge is at least squeezing the bag containing this pig of a lawsuit. I think he wants to look inside the bag… No hand-waving or banging the table will do.
UPDATE Just noticed this comment by “anonymous” (somehow it is now “gone”) on GROKLAW:
“I don’t know how many of you out there have kids, but you should recognise this,
you know *something* is going on, but you can’t figure it out, so you ask them direct
One stands before you, open, clear, articulate, straightforward, if a little
baffled by the question you’re asking
The other wriggles, can’t keep the story straight, can’t look you in the eye,
can’t stand still, keeps trying to talk about something else.
Do they *really* want to put this in front of a Jury?”
ROFL! Beautifully apt description of Oracle’s case.