Java Creator Admits ‘No Surprise’ Over Android Lawsuit

Another commenter to Gosling’s post, identified as Adam Lock, said:

“But Dalvik never claimed to be a JVM and Google has taken pains (probably for legal reasons) to say exactly that. Programmers might happen to program using Java language but the end result is something which is expressly not Java. I expect [the reason] Google didn’t use the JVM boils down to numerous factors including licensing, money, performance, inability/refusal by Sun/Oracle to provide required features, plus a desire to ‘own’ the platform or at least ensure Sun didn’t have fingers all over it. At this stage I think Google probably made the right decision for themselves and Android. I love Java but I haven’t seen a decent implementation in a phone yet. My own feeling is this lawsuit is just a land grab and I would not be surprised if Google filed a countersuit based on a raft of patents that Sun/Oracle have infringed. Eventually matters will be settled the way they usually are with a cross licensing agreement and some money under the table.”

And Al Hilwa, program director for applications development software at industry research firm IDC, cites Dalvik’s link to the Apache Harmony implementation of Java as a key issue in this case. Hilwa told eWEEK:

“Interestingly, one important piece of code in Android is the Dalvik JVM which is based on the Apache Software Foundation Harmony implementation of Java SE. There has been a long-running feud about the certification of Harmony with the Test Compatibility Kit. It is not clear if these infringements apply to Harmony as well. Many expected Sun to raise some hay about Google’s fork of the Java code to produce Dalvik but having waited for Android to be a success can be quite disruptive. This is a typical intellectual property value defence lawsuit, but it can have serious consequences on the Android market and its adoption by OEMs. Basically it says that Oracle wants to get into the action and leverage its acquired Java assets better financially. Google has released Android as Open Source under the Apache license, a type of licence which permits other vendors to add code to produce their own products.”

In an interview with eWEEK about why he chose to port his database to Android, Damien Katz, creator of the Apache CouchDB project, lauded the openness of Android. Katz said: “The reason we picked Android as our first phone platform is it’s very open.”

However, when Google initially announced its plans for Android and Dalvik in 2007 it rubbed several Sun engineers the wrong way, including Gosling, who at the time was a vice president and fellow at Sun Microsystems. Gosling moved to Oracle after the Sun acquisition, but resigned from the company in April.

Sun Legal Attitute

And in an interview with eWEEK from June 2009 at the JavaOne 2009 conference, Gosling said of Google and Android:

“One of the reasons that we charge licence fees is because we’ve got organisations of people that do compatibility testing and actual negotiating amongst the different handset makers so that things like GPS APIs look the same. And what’s going on in the Android world is there’s kind of no adult in charge. And all these handset manufacturers are doing whatever they damn well please. Which means that it’s just going to be randomness. It could be let a thousand flowers bloom, but it also could be a dog’s breakfast. And I guess having been around the track a few times, it feels like it’s going to be more of a dog’s breakfast.”

However, Sun did not pursue a lawsuit, for perhaps as Gosling suggested, it was not in the company’s makeup. Indeed, Sun open-sourced much of Java in 2006.

And although a patent lawsuit against Google may not have been in Sun’s DNA, the company did successfully sue Microsoft for meddling with Java and gained a settlement of more than $1 billion (£641 milion).

Meanwhile, Gosling says he hopes not to be pulled into the fray. But unless there’s a quick settlement that scenario is unlikely. Yet should he be called upon Gosling will see at least one “friendly” face – that of David Boies, super lawyer for the tech world.

Oracle has hired the firm of Boies, Schiller & Flexner LLP to help carry forth its lawsuit. Boies headed up the US government’s landmark antitrust case against Microsoft – in which Gosling was a witness for the government. Boies most recently represented Salesforce.com in a legal battle with Microsoft that has since been settled.