Oracle is seeking hefty damages “in billions of dollars” from Google Inc. over the patent lawsuit, according to the court filing. Oracle had sued Google last year, claiming that Google’s Android operating system has violated Oracle’s Java patents. Oracle is also pursuing to stop further sales of these Android products and quoted that it was willful and deliberate infringement of seven of their patents and copyrights related to Java Technologies which they acquired from SUN Microsystems in January 2010. Oracle also alleged that the Android platform has explicitly copied elements of Oracle’s patented Java’s API packages.
I remember writing an article about 2 months ago, on Open Source’s revenue flow and the actual source of the payments that Open Source gets. I stated that the question of Where does Open Source get its Payment from? is one that could have multiple answers. This question of whether Open Source has it all to be Number 1 also has a similar confusion. It should seem like Open Source does have it all, but there are several instances wherein Open Source has lost out to the Big private players like Oracle, IBM, SAP, etc. who easily trade their products in the market for big bucks too. So if you were to ask me what Open Source really lacks, I would say that it falls short in advertising, marketing and selling its products.
It seems as though there is some confusion with regards to the patenting (trademark issue) of Hudson, an Open-source project which Oracle apparently claims to own through the acquisition of Sun Microsystems. The hotchpotch is basically over whether Hudson needs to undergo a trademark process or not. Evidently, Sun Microsystems had decided not to trademark the name Hudson, when it initiated the project and now after having been bought out by Oracle, the project needs to be patented either with the same name — Hudson or some other name.
To prove that there has not been a patenting process carried out for Hudson, a search of the US Patent and Trademark Office’s website was done which resulted in 623 trademarks for Hudson in many kinds of businesses; however the open source project owned by Oracle did not throw up in the search. So, it appears that Hudson does not have Oracle’s trademark, at least for now.
It was about two months ago when the news of Google being sued by Oracle broke out. The row between the two technology stalwarts was with regard to Google’s violation of copyrights and patents related to Java; which was acquired by Oracle along with Sun Microsystems during the initial months of this year. The terse claimed that Google “knowingly, directly and repeatedly infringed Oracle’s Java-related intellectual property.”
The complaint (pdf), wherein the he U.S. District Court for the Northern District of California, says that “Android (including without limitation the Dalvik VM and the Android software development kit) and devices that operate Android infringe one or more claims of each of United States Patents Nos. 6,125,447; 6,192,476; 5,966,702; 7,426,720; RE38, 104; 6,910,205; and 6,061,520.”