Can Oracle collect on Android too?

Can Oracle collect on Android too?

Summary: Oracle is working hard to keep its Java patent claims going in its ongoing lawsuit against Google over Android and if you follow the money the reasons are fairly obvious. Oracle wants to collect from Android device makers just like Microsoft does.

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Oracle is working hard to keep its Java patent claims going in its ongoing lawsuit against Google over Android and if you follow the money the reasons are fairly obvious. Oracle wants to collect from Android device makers just like Microsoft does.

Florian Mueller recaps the latest on Oracle's efforts to keep its Java patents going. Oracle is suing Google and wants big Android damages and royalties. Mueller noted that Oracle wants to notch a Google win and then go after other device makers.

But there's another possibility: Oracle could go after device makers now even before the result of the Google trial. Wouldn't some device makers pay Oracle a royalty fee for protection regardless of the Google lawsuit outcome?

Also see: Google's Android IP headache may become a migraine

Microsoft is already announcing a bevy of licensing deals with Android device makers such as General Dynamics Itronix, Onkyo and Wistron. The common thread between these device makers: They're all too small to waste time losing to Microsoft in court. Once Microsoft nailed a licensing deal with HTC all the smaller players had to fall in line.

Oracle could just use Microsoft's Android playbook with its Java patents.

In the end, you could have a nightmare scenario for Android. Anyone can use the free OS, but first you have to pay Microsoft and Oracle before possibly being sued by Apple, who isn't likely to license its patents on any terms to a rival.

Related:

Topics: Oracle, Google, Microsoft, Open Source, Software Development

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36 comments
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  • Magic 8 ball says...

    "Better not tell you now"
    Bruizer
    • Magic 8 was patented BTW. -nt-

      @Bruizer

      nt
      Bruizer
  • I guess patents

    are a great source of income when your product can't make money on its own. ^_^
    Michael Alan Goff
    • RE: Can Oracle collect on Android too?

      @goff256

      Who's products would that be? The >10 billion-a-quarter Oracle's or the >15 billion-a-quarter MS?

      Or did you mean Android, which Google gives away?
      x I'm tc
      • Now that's interesting

        @jdakula
        If you think about it - MS making money from Android via handset makers, handset makers making money from Android via free OS, Oracle possibly making from Android money through patent licensing in the future, and Google is making how much? Nothing?
        William Pharaoh
      • You are talking about companies

        I was talking about products, individual products.

        We don't even know what patents Microsoft has, or I'd comment on them. If Oracle was making real money off of Java, though, they wouldn't be doing this.

        Please try to restrict your answer to a product and not a company. Thank you. ^_^
        Michael Alan Goff
      • RE: Can Oracle collect on Android too?

        @jdakula - while the base Android OS is (relatively) free, if you want all of Google's add-ons such as Maps, Gmail, etc. then you have to pay Google a license fee.

        One can't help but wonder if it'll end up being cheaper to license WinPhone 7/8/... rather than license Android + Google Apps + MS' Patents + Oracle's Patents + everyone else's patents.
        bitcrazed
  • RE: Can Oracle collect on Android too?

    Poor Android ^.^
    vivianvein
  • No way Larry Elli$on!

    The community would not allow FOSS to be raped by Oracle and will fight back, shaming the patent crooks as it did with $CO.
    Oracle should drop the lawsuit and apologise!
    Linux Geek
    • RE: Can Oracle collect on Android too?

      @Linux Geek
      I know everything you say is a joke but I just....it just hurts sometimes to read what you post.
      Darkninja962
      • RE: Can Oracle collect on Android too?

        @Darkninja962@...
        so $CO demise at the hands of FOSS was a joke?
        truth hurts only the patent trolls and Oracle does not have a case!
        All respectable legal scholars said so. Just read it on groklaw!
        Linux Geek
      • Actually, I think he is very serious.

        @Darkninja962@...

        That is the sad part.
        Bruizer
      • groklaw is higly motivated to a specific political view.

        And its information is frequently suspect and needs to be read with special goggles.
        Bruizer
      • Hmm, "pots and kettles" spring to mind...

        @Bruizer
        <i>"And its information is frequently suspect and needs to be read with special goggles."</i>

        Strange that Groklaw has frequently been proved right, then. Perhaps your "special goggles" are actually some kind of blindfold? You are of course free to point out anything you believe to be inaccurate on Groklaw, rather than this random and unspecific sniping.
        Zogg
    • RE: Can Oracle collect on Android too?

      @Linux Geek who cares about the community, this is all decided in a court of law. And what community, the freeloaders who take advantage of the people who put their time? Prefer the getting paid for what I work, and the I use it therefore I pay, so none is hard done. Android is becoming a minefield by the day.
      panoslondon1
  • Not a good omen for Oracle

    Since the USPTO is re-examining some of the Oracle patents that means they could be whittled down in scope or thrown out completely, which is no benefit to Oracle. Without their patents as-is, they won't get the payment they originally hoped for, assuming Google has indeed infringed...
    DonRupertBitByte
    • They are always re-examined in these disputes.

      @DonRupertBitByte

      That means nothing.
      Bruizer
      • RE: Can Oracle collect on Android too?

        @Bruizer

        It means everything if the a final action is issued and some of Oracle's patents are thrown out. Oracle needs the patents to be a threat to Google.

        EPIC FAIL.
        DonRupertBitByte
      • It means nothing at this point.

        @ DonRupertBitByte

        These things take several years to work out and the patent re-examination is <b>always</b> a part of the process. It is just that, part of the process and at this point is 100% meaningless.

        Typically, part or some of the claims will be discarded but seldom will all of the claims be discarded. The patent infringer is still fully on the hook for the claims that are infringed.

        At this point, we have no idea how this could turn out.

        It could cost Google nothing. It could cost them $10,000,000,000 plus ongoing payments.

        <b>we simply do not know at this point in time</b>

        Your understanding of the process is simplistic and the only EPIC FAIL here.
        Bruizer
    • Or not. You could very easilly read the statement

      @DonRupertBitByte

      "Apon re-examination of the patents in question, the USPTO upholds the validity of the original patents, those belonging to Oracle, the patent holders and owners"

      Which would mean that Google pays, [b]plus[/b] the interest and other time related costs.
      William Pharaoh