Oracle, Google trial: Page vs. Ellison on the stand
Summary: One thing has become clear at the Oracle v. Google trial: CEOs Larry Ellison and Larry Page could not be more different from one another if they tried.

Ellison leaves the courtroom. Credit: James Martin, CNET
The CEOs of both Oracle and Google were called to testify earlier this week in the two's grand stand trial over intellectual property claims.
On the stand, it became clear that Larry Ellison and Larry Page could not be more different from one another if they tried.
One would clearly hope that both of these executives had been thoroughly prepped for cross-examination by their respective legal teams ahead of the long-awaited trial. They've certainly had enough time to do so since this lawsuit was first filed two years ago.
Ellison was the first to take the stand at the U.S. District Court in San Francisco on Tuesday morning. As ever, Ellison showed up confident and ready to talk. He answered most of the questions directly without hesitation, and he appeared to know what he was talking about when questioned by both Oracle and Google lawyers.
The only part where he might have seemed a little fazed -- or even hostile -- was when questioned by Google attorney Bob Van Nest over whether or not discussions involving letting Google engineers take Oracle’s version of Java and put it into Android was in fact a "joint project."
Ellison seemed fairly resistant to call this a "joint project," but after hearing himself call it that in a previous deposition video, Ellison threw his hands up and relented, "I called it a joint project. Okay."
Page, on the other hand, is a completely different story.
When questioned rather rigorously by Oracle attorney David Boies, most of Page's responses fell along the lines of "I don't recall" or "I don't know."
Page repeatedly evaded questions about whether or not he was aware of discussions, dating from as far back as 2005 up to 2010, about licensing Java for use in building Android.

Google CEO Larry Page leaving the courtroom. Credit: CNET
Also when responding, Page spent most of his time facing and addressing the jury, made up of seven women and five men, rather than Boies.
At one point when Boies reexamined Page on Wednesday, Boies became so exasperated that when Page asked Boies to repeat his question, Boies loudly said the word "Sun" (as in Sun Microsystems) three times -- even spelling it out "S-U-N."
That was in reference to an email sent by Andy Rubin, senior vice president of mobile at Google, to his team in 2005, which outlined the opinions and responsibilities of certain Google executives about an unspecified project.
Boies had highlighted this line:
sergey: application delivery part of APIs (Yes, but actual delivery is a negotiation.)
Boies asserted that it clearly had something to do with negotiations with Sun, but Page continued to state that he wasn't sure what that meant.
To be fair, both Ellison and Page made some missteps when speaking. Ellison said that he wasn't sure if Java was free, while Page said that "I’m not sure whether or not we got a license to anything." (One obviously -- or desperately -- has to assume that he was only referring to Java in this statement.)
Nevertheless, Wednesday's appearance is not likely going to be the last we see of Page at this trial.
While Ellison was sent home after testifying on Tuesday morning and was said not to be required to return unless subpoenaed, Page was placed on recall by Oracle’s lawyers.
That’s because Page was unable to identify a piece of evidence presented by Boies, which presented a debate between both legal teams.
After a short but heated discussion, Judge Alsup declared that Oracle lawyers could not press Page any further on this until another witness could correctly identify said document.
Related:
- Oracle exec: No other reason to buy Sun except for Java
- Google: Oracle, Sun failed at Java smartphone now stop whining
- Oracle's Larry Ellison takes the stand in Android IP trial
- Larry Page leads as first witness in Oracle, Google IP trial
- Oracle's opening statement vs. Google: 91 slides
- Oracle reveals Java copyright case against Google (gallery)
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Talkback
Oracle has been exposed
Java is free no matter how Oracle spins it!
Wealthybar.com where you can meet millionaires
Boies and Elli$on
What happened to my post?
You are so right
They certainly are showing that they don't understand, or maybe not even care about, ZDNet's readers that have an opinion.
Watch, ye's post will probably get the top rating for all responses to this blog article.
C'mon Google
Not really
Exactly!
He is doing it right
Ever been questioned in court about 10 year old matters?
I suppose my former employer could have prepped me more, but they were better off having me not remember anything. The other firm's attorney's were clearly annoyed at how useless I was - but I wasn't trying to be unhelpful. You just don't remember little details, or even big ones, from one project out of hundreds, that you were part of years ago.
It was all rather amusing.
Agreed
Dump Java
If you actually need Java
http://openjdk.java.net/
Duh!
Sorry, I think you misunderstood, Mythlandia
Perhaps I should have been a little clearer about any intended irony or sarcasm. If Google simply joined the OpenJDK project, it would be the same as caving to Oracle demands for royalties on Android, which is what this is about.
If you followed my link, you would have seen Oracle's trademark. My point being the duplicitous approach that Oracle is taking in trying to arm twist Google in pursuit of royalties beyond what's already been offered. Larry Ellison just wants more money and is trying to further leverage the confusion brought about by Oracle's acquisition of Sun. And this situation is precisely why the SEC should not have approved the deal in the first place. It was suspected that Oracle would assume the role of gorilla once they had the patents and copyrights owned by Sun Microsystems. Everybody but Google has already caved to Oracle.
Forgetting is a great legal strategy
Ellison is trying to close the barn door after the fact
Good luck to Google in fending off Oracle. Hopefully Ellison's telling responses to Google's lawyers' questions will be enough to end this.
<rant>
BTW, why can't I vote up or down on posts. It appears some people just come through and vote against posts they don't agree with, regardless of whether or not they make good and valid points, effectively censoring posts on bias alone. At the same time, spam is continually placed on these forums and are just left there.
I agree with Ye, the forum software stinks by comparison to what was used before CBS acquired ZDNet.</rant>
Interesting dilemma.
In this case James Gosling (and amongst other people also) created Java code which was employed by Sun and then was acquired by Oracle and Google used parts of the Java code in its Android mobile operating system which sold to smartphone makers which the consumer bought thus the issue of commercial use and gaining profit from the code.
I'm surprised during the creation of Android OS that no one at Google did a due diligence of the code before I was released so this issue would no come up.
Completely incorrect
As I understand it...