Linked by OSGuy on Fri 21st Jan 2011 22:22 UTC
Google "Sometimes the sheer wrongness of what is posted on the web leaves us speechless. Especially when it's picked up and repeated as gospel by otherwise reputable sites like Engadget. 'Google copied Oracle's Java code, pasted in a new license, and shipped it', they reported this morning. Sorry, but that just isn't true."
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RE[2]: Comment by Radio
by malxau on Sat 22nd Jan 2011 03:35 UTC in reply to "RE: Comment by Radio"
malxau
Member since:
2005-12-04

"Google can remove the infriging files at once and Android will still run fine, but Oracle is going to win the case.


But, Oracle still has to prove they willfully intended to violate the copyright... (which could definitely still happen)...
"

Why? AFAIK willful copyright infringement attracts higher damages awards, including statutory damages, but copyright infringement can still occur whether the act is willful or not. Oracle wins either way. The question now is all about damages.

Reply Parent Score: 3

RE[3]: Comment by Radio
by Praxis on Sat 22nd Jan 2011 05:17 in reply to "RE[2]: Comment by Radio"
Praxis Member since:
2009-09-17

well a lawsuit between two companies as big as google and oracle is going to cost a hell of a lot of money win or lose. So how much money you can get from an infringement is a huge issue. They need something much much bigger than a small one time infringement in non-shipping code. They want something they can use to get a piece of every android device sold. Otherwise the cost/benefit analysis of their case doesn't work out. Remember the legal costs of this case may very well reach the level of 100 hundreds of millions of dollars (numbers based off the viacom/youtube suit) So they need something that will make them more than that. This is not it.

I'm still betting this ends in settlement though.

Reply Parent Score: 4

RE[3]: Comment by Radio
by JAlexoid on Sun 23rd Jan 2011 12:41 in reply to "RE[2]: Comment by Radio"
JAlexoid Member since:
2009-05-19

Why? AFAIK willful copyright infringement attracts higher damages awards, including statutory damages, but copyright infringement can still occur whether the act is willful or not. Oracle wins either way. The question now is all about damages.


Oh, Oracle will get this one 100%. It's just not a big deal, because Google have already removed the files and these files haven't exactly created financial losses to Oracle(the code is/was freely distributed by Oracle with limitations).
Oracle's lawyers will have to find some really obscure legal hook that will hit Google financially.
Copyrighted works are accidentally redistributed all the time, most of the time compliance with a take down notice is enough.

Reply Parent Score: 3