Topic: Oracle

Google, Oracle settlement talks: Scrum over damages remains

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.

By Larry Dignan for Between the Lines | September 22, 2011 -- 06:39 GMT (23:39 PDT)

Follow @ldignan

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.

googorcl092011a

Topics: Oracle, Google

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11 comments

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Oracle must quit the lawsuit now

before the enraged community rises and Eli$$on can no longer save face.
Oracle allegations are pure FUD as shown on groklaw.

LlNUX Geek
22 September, 2011 07:23

Reply Vote
- RE: Google, Oracle settlement talks: Scrum over damages remains
 
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 alexdan2
 22 September, 2011 08:34
 
 Reply Vote
What Exactly Is Oracle Demanding Money For, Again?

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
22 September, 2011 22:21

Reply Vote
- RE: Google, Oracle settlement talks: Scrum over damages remains
  
  @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
  26 September, 2011 02:36
  
  Reply Vote
  - RE: Google, Oracle settlement talks: Scrum over damages remains
    
    @the.nameless.drifter
    
    How does that work? I thought that once something was in the public domain, it was public forever?
    
    michaellashinsky@...
    26 September, 2011 07:38
    
    Reply Vote
  - Re: What Exactly Is Oracle Demanding Money For, Again?
    
    @the.nameless.drifter What GPL'd code can you point to, that Google used but did not release under the GPL?
    
    ldo17
    26 September, 2011 23:19
    
    Reply Vote
  - RE: Google, Oracle settlement talks: Scrum over damages remains
    
    @the.nameless.drifter exactly. Why is that never mentioned in *any* article?
    
    THUFIR.HAWAT
    15 October, 2011 16:22
    
    Reply Vote
- RE: Google, Oracle settlement talks: Scrum over damages remains
  
  @ldo17 they infringed when they removed the GPL from .java files, modified and distributed them.
  
  THUFIR.HAWAT
  15 October, 2011 16:20
  
  Reply Vote
RE: Google, Oracle settlement talks: Scrum over damages remains

"...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.

michaellashinsky@...
26 September, 2011 07:41

Reply Vote
RE: Google, Oracle settlement talks: Scrum over damages remains

The GPL is *not* public domain. Please reference wikipedia for distinctions.

THUFIR.HAWAT
15 October, 2011 16:25

Reply Vote
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cmakrejktt76-24379041859496157645591409199018
25 November, 2011 15:44

Reply Vote