November 12, 2010 at 22:19Google holds third parties liable for Oracle suit
Google has responded to Oracle claims against Java copyright infringement on the Android operating system.
Google has officially stated that liability for copyright infringement lies not only with it, but also with third parties. It is understood that the Android OS developer is the Open Handset Alliance, which includes 78 companies. “The Android platform, including, without limitation, the Dalvik VM, was independently developed by the Open Handset Alliance,” Google underlines in a statement. “The Android Open Source Project (AOSP) is supporting and further developing Android, including adding code from the community and Android developers, as well as tens of thousands of developers who create Android applications.”
In the original:
Other than the Harmony libraries, the Android platform - including, without limitation, the Dalvik VM - was independently developed by the OHA ... The Android Open Source Project (“AOSP”) is tasked with the maintenance and further development of Android, including incorporating code and submissions from the community of developers who contribute to Android and the tens of thousands of developers who create applications for Android.
As for the allegedly infringed patents, Google suggests that they be considered generally invalid due to the obviousness and generality of the ideas described.
According to Google, the Dalvik bytecode is clearly separated from the Java bytecode, so Dalvik VM cannot be considered a Java VM.
Regarding Oracle Submitted Documentwith a detailed comparison of the "stolen" code, Google suspects the plaintiff of "editing and deleting individual fragments." This situation is very similar to the SCO lawsuit against IBM, when SCO also accused IBM of plagiarizing and copy-paste code, and even showed such code. But at the trial, IBM managed to prove that the plaintiff intentionally “combined” the code in such a way as to blur out the similarities.
Google has officially stated that liability for copyright infringement lies not only with it, but also with third parties. It is understood that the Android OS developer is the Open Handset Alliance, which includes 78 companies. “The Android platform, including, without limitation, the Dalvik VM, was independently developed by the Open Handset Alliance,” Google underlines in a statement. “The Android Open Source Project (AOSP) is supporting and further developing Android, including adding code from the community and Android developers, as well as tens of thousands of developers who create Android applications.”
In the original:
Other than the Harmony libraries, the Android platform - including, without limitation, the Dalvik VM - was independently developed by the OHA ... The Android Open Source Project (“AOSP”) is tasked with the maintenance and further development of Android, including incorporating code and submissions from the community of developers who contribute to Android and the tens of thousands of developers who create applications for Android.
As for the allegedly infringed patents, Google suggests that they be considered generally invalid due to the obviousness and generality of the ideas described.
According to Google, the Dalvik bytecode is clearly separated from the Java bytecode, so Dalvik VM cannot be considered a Java VM.
Regarding Oracle Submitted Documentwith a detailed comparison of the "stolen" code, Google suspects the plaintiff of "editing and deleting individual fragments." This situation is very similar to the SCO lawsuit against IBM, when SCO also accused IBM of plagiarizing and copy-paste code, and even showed such code. But at the trial, IBM managed to prove that the plaintiff intentionally “combined” the code in such a way as to blur out the similarities.