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Between the Lines

Larry Dignan, Andrew Nusca and Rachel King

Google, Oracle settlement talks: Scrum over damages remains

By | September 22, 2011, 6:39am PDT

Summary: The two Larrys from Oracle and Google continue to talk about an Android settlement, but confusion over damages indicates the two sides are far apart.

Oracle CEO Larry Ellison and Google CEO Larry Page will continue to talk about settling a lawsuit over Android and its alleged infringement on Java, but there remains a wide gulf over damages.

The two Larrys were in settlement meetings for 10 hours, but that doesn’t necessarily mean a deal is done. There seems to be mass confusion over the damages figures.

Bloomberg and others reported that Oracle lowered its request to $2 billion or so. That estimate looks to be based on a letter from Google filed Sept. 20. At issue is Oracle’s damage estimate based on hypothetical license revenue streams. Recall that Oracle just got slapped around by an appeals judge over damages won vs. SAP in the TomorrowNow trial.

However, the damages referenced in the letter appear to refer just to one year. Oracle has argued that damages should go back to 2005 and include devices that have been sold since.

Florian Mueller outlined
why he thinks the argument that Oracle lowered its damages is off. I’ll just embed the letter below.

The bottom line here is that it’s time to start pondering a trial over Android. It’s quite possible that Oracle and Google won’t settle no matter how many big-time execs are in the room.

Related: Oracle, Google far apart on Android talks; Two Larrys to talk again

googorcl092011a

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Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic.

Disclosure

Larry Dignan

Larry Dignan has nothing to disclose. He doesn’t hold investments in the technology companies he covers.

Biography

Larry Dignan

Larry Dignan is Editor in Chief of ZDNet and SmartPlanet as well as Editorial Director of ZDNet's sister site TechRepublic. He was most recently Executive Editor of News and Blogs at ZDNet. Prior to that he was executive news editor at eWeek and news editor at Baseline. He also served as the East Coast news editor and finance editor at CNET News.com. Larry has covered the technology and financial services industry since 1995, publishing articles in WallStreetWeek.com, Inter@ctive Week, The New York Times, and Financial Planning magazine. He's a graduate of the Columbia School of Journalism and the University of Delaware.

For daily updates, follow Larry on Twitter.

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ckmynzp 03 eed
cmakrejktt76-24379041859496157645591409199018 25th Nov
wlwlus,wixcxskw55, ddara.
0 Votes
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Oracle must quit the lawsuit now
Linux Guru Advocate 22nd Sep
before the enraged community rises and Eli$$on can no longer save face.
Oracle allegations are pure FUD as shown on groklaw.
@Linux Guru Advocate Get six pack Abs

I???m busy and can???t spend 60 minutes a day with exercises.
Truth About Six Pack Abs does not require this.
30-45 minutes workouts 2-3 times a week should do the trick

go here : goo . gl /YR85Z
Can someone remind me, what "Intellectual Property" of Oracle has Google infringed? The only parts of Sun's Java code that Google might have used were open-sourced. Android doesn't use any part of the non-Free J2ME, and certainly not Sun's pricey (and inadequate) JVM. So Oracle is basically trying to pull a patent-trolling racket to squeeze some protection money out of Google, nothing more.
@ldo17

Bascially all the code they copied had its license changed to Apache rather than GPL2 with extensions as soon as they did that all GPL protection they have evaporated
@the.nameless.drifter

How does that work? I thought that once something was in the public domain, it was public forever?
@the.nameless.drifter What GPL'd code can you point to, that Google used but did not release under the GPL?
@the.nameless.drifter exactly. Why is that never mentioned in *any* article?
@ldo17 they infringed when they removed the GPL from .java files, modified and distributed them.
"...Oracle and Google won???t settle no matter how many big-time execs are in the room..."

It seems to me that the more execs in the room, the less likely a settlement will be. Put two schmucks from the respective mail rooms in there, and you'll work out an agreement of some kind in a day.
The GPL is *not* public domain. Please reference wikipedia for distinctions.
0 Votes
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ckmynzp 03 eed
cmakrejktt76-24379041859496157645591409199018 25th Nov
wlwlus,wixcxskw55, ddara.

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