Google, Oracle settlement talks: Scrum over damages remains

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