Google and Oracle Dispute

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LEGAL ASPECT OF MANAGEMENT
LEGAL ISSUE BETWEEN GOOGLE AND ORACLE FOR THE USE OF JAVA BY GOOGLE IN DEVELOPMENT OF ANDRIOD

UNDER GUIDANCE OF MANEESH YADAV

BY ABHISHEK DAS

CONTENTS

INTRODUCTION COMPANY DISPUTE LEGAL ISSUES U.S. LAWS PATENT LAWS INVENTIONS PATENTABLE INFRINGEMENT OF PATENT REMEDIES FOR INFRINGEMENT OF PATENT COPYRIGHT LAWS REMEDIES FOR INFRINGEMENT OF COPYRIGHT FINDINGS CONCLUSION

3 4 5 6 6 6 6 6 7 7 8 9

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INTRODUCTION
Google Inc. (NASDAQ: GOOG) is an American multinational corporation which provides Internet-related products and services, including Internet search, cloud computing, software and advertising technologies. Oracle Corporation is an American multinational computer technology corporation that specializes in developing and marketing computer hardware systems and enterprise software products – particularly database management systems. Android is a Linux-based operating system for mobile devices such as smartphones and tablet computers. It is developed by the Open Handset Alliance, led by Google. Now, Google has developed this OS with the help of using Java© which is a subject of copyright and patent material of Sun Microsystems which Oracle has bought in 2010. This led to a dispute between Oracle and Google for the use of Java, which Oracle claims that Google have violated the Patent and copyright act. The topics for discussions will be the dispute between them, the legal issues involved and the U.S. laws involved in it and remedies for infringement and the ultimate decision till date.

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COMPANY DISPUTE
The trial between Oracle and Google over the use Java software within the Android platform is case of patent and copyright violation. The two firms have been at loggerheads over the issue for over a year, with Oracle claiming Google willfully refused to seek out a licensing deal over the use of the technology, which it acquired in its $7.4bn purchase of Sun Microsystems. Oracle said that Google deliberately chose to base its Android software platform on Java technology, seeking to develop and deploy Android rapidly and to capitalize on the large community of Java software developers. Google's documents confirm Google knew it needed a license to do so, and when it could not get one on the terms it wanted, Google chose to take its chances and push forward with Java, helping itself to Oracle's intellectual property without a license. In an attempt to avoid any obligation to secure a license and pay royalties to Oracle, Google was careful to refrain from using the foregoing reserved items. In particular, instead of using the class libraries of Oracle’s Java programming and development tools, Google used a substitute open-source set of independently developed class libraries (Apache Harmony) that mimic Java’s application programming interfaces (APIs). Initially Oracle had requested damages as high as $2.6bn but this was later reduced and it is likely the firm will seek around $1bn in damages. The two firms were asked to try and settle their differences through discussions but this failed to achieve any results, resulting in a trial. A defeat for Google could have a huge effect on its Android platform, which is already involved in several major lawsuits between rival firms, notably Microsoft, which has secured licensing deals with some of the major vendors using the platform, including Samsung. Thus Google was trying hard and soul to prove that they have not infringed any copyright or patent laws of software.

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LEGAL ISSUES
The legal case can be divided into three phases namely, the first phase which concerned only copyright issues between Google and Oracle, the second phrase concerns patent infringement claims Oracle is making against Google, and the third phrase (if needed) will focus on assessing damage claims resulting from the first two parts. The various issues were:  Infringement by Google on the “overall structure, sequence, and organization” of the 37 Java...
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