Google Prevails Over Oracle in Java API, Android Copyright Case

In a landmark IT court case that began on April 16, a federal judge ruled May 31 that Java application programming interfaces used by Google in building the Android mobile device operating system are not protected by copyright.

Oracle, the plaintiff in the case and maintainer of the Java programming language as well as organizer of its open source community, said it will "vigorously" appeal the verdict. (See the official statement at the end of this story.) The company had asked for nearly $1 billion in restitution and an injunction against Google for using the Android OS.

"This order does not hold that Java API packages are free for all to use without license," Judge William Alsup wrote in an order filed May 31 in U.S. District Court for the Northern District of California.

"It does not hold that the structure, sequence, and organization of all computer programs may be stolen. Rather, it holds on the specific facts of this case, the particular elements replicated by Google were free for all to use under the Copyright Act."

Because the APIs contain techniques, and since techniques by definition are not copyrightable, the decision was not a surprise to many IT professionals. But Oracle was determined to prove that Google's use of the open-source Java and its APIs was beyond fair use.

In the end, the court determined that Google had only copied nine lines of code into Android from Java and that the APIs were non-copyrightable.

In building its popular Android OS and using its own technigues, Google deployed the Java APIs to create its own, or "forked," version of Java, which is code used to activate and run applications on many devices at once over the Internet. Because the Google developers custom-coded their version of Java for proprietary use inside their own system, the Android version of Java is not sanctioned by the Java community and therefore not eligible for updates and support from Oracle's Java maintainers.

Google contended, and Judge William Alsup agreed, that because it created its own version of Java using the standard APIs, that it did not require a license from Oracle.

One of the pivotal witnesses in the case was former Sun Microsystems CEO Jonathan Schwartz (pictured). During his testimony, Schwartz contradicted his former boss, Sun co-founder and former CEO Scott McNealy, by saying that companies could use Java without buying a license so long as they didn't claim to be Java-compatible and use the Java logo. Android does not contend that it uses so-called "Pure Java."

Users of Java must subscribe to the open standards Java requires. During his testimony Schwartz was asked: "Was there ever a time during your tenure at Sun where Java APIs were considered proprietary or protected?" His answer: "No. To the extent that anybody made that claim, we would have worked hard to say, 'No, that's not true.' We didn't think they [Google] were doing anything wrong."

Forking Forgoes 'Pure Java'

When Java gets changed for a specific purpose, it then forgoes the label "Pure Java" and is disowned by Oracle's Java franchise. No support, no updates, no nothing -- you're on your own. But it's still Java, it delivers code across the Internet, and it gets the job done most of the time.

That was the whole idea back in the early '90s, when Dr. James Gosling and his Sun Microsystems band of developers created the now-ubiquitous programming language. Gosling and his gang designed Java as a key link to connect what he called "Big Hunk" servers to desktops, to cars, to mobile devices, to TVs -- to basically anything.

When Sun released Java to the open-source community in 2006, it was not only a gift to the world, but it also was a nod to the fact that Java had already been copied and forked thousands of times in 11 years.

Java is so everywhere in the Internet, moving code from place to place and activating applications, that it has became an integral part of the infrastructure background, like XML or TCP/IP. It's just there, it works and it keeps on working 24/7.

Java is easy to take for granted, and Oracle knows it. It was simply trying to protect what it owns; it's just very difficult to prove negligence against a competitor when it comes to open source and APIs.

Google Also Won Patent Dispute

Oracle learned firsthand -- and the hard way by spending millions on lawyering -- that it isn't such a simple proposition to nail a forker of open-source software to the legal cross. On May 23, Google and the open source community won their initial legal victory when the 12-person jury in San Francisco unanimously found Google not guilty of infringing on two of Oracle's Java patents.

The jury found that Google did not infringe on the two Java patents that Oracle had asserted in the case—U.S. Patent No. RE38,104 and U.S. Patent No. 6,061,520.

Oracle originally brought the lawsuit against Google in August 2010, alleging that the Android OS infringed both patents and copyrights for Java that Oracle acquired when it bought Sun Microsystems in January 2010.

In only four years, Android has become the most popular mobile operating system for smartphones and other mobile devices in the world. Android, released in 2008 by Google to partners such as Samsung, HTC and other manufacturers for smartphones and tablet PCs, now runs on more than 300 million mobile devices. Google said it believed that Oracle was using the litigation to unjustly horn in on the profits from the OS.

Google: Android and Chrome OS will slowly converge

Google's vice president of engineering Linus Upson has told TechRadar that the company is categorically not working on a Chrome OS tablet, but does expect a slow convergence with the Android mobile operating system.
In a briefing to introduce the new Chrome devices from Samsung and a revised Chrome OS, Upson told TechRadar; "We are not working on a Chrome OS tablet."
"We have our hands full in delivering a wonderful experience on dektop and laptop and the Android team have their hands full bringing a great experience on phone and tablet. But the two teams are working together even more closely."

Microsoft proved the point

Upson believes that there will be a slow convergence between Google's two operating systems, but believes Microsoft's earlier attempts to run over multiple platforms and Apple's success with Mac OS and iOS indicate that different devices still need a different OS.
"The use cases in technology stacks on phone and tablet are very different to desktop and laptop, as are the user expectations, and the types of things you do are also very different," said Upson.
"That's why everyone has two different solutions for these problems. Apple has Mac OS and iOS, Microsoft has two – they just happen to call them both Windows – and at Google we do the same.
"But I think everyone does expect you will see more and more convergence and bringing together of [the two projects] so you can get the best of both.

"Microsoft demonstrated quite convincingly earlier this century that if you take one environment and jam it across all devices it wasn't going to work so now you see a lot more caution.
"Apple doesn't try to smash the two together and we're not trying to do it, but in time there will be a seamless user experience across all the devices."

Already started

Upson believes that this convergence has already begun in earnest, with Chrome on Android phones bringing some of the functionality of Chrome OS.
"New phones have got to the point where we can run all of Chrome which wasn't possible before ARM chips got faster and faster," he said.

"So we are able to bring the full Chrome experience to phone or tablet and you see this with Microsoft and Apple devices as well.
"With Chrome on Android and Chrome OS and Chrome on Windows or on Mac you get the same web browsing experience everywhere.
"…So we're seeing convergence slowly over time and doing the right thing for users.
"Everyone likes to call a horse race [between Android and Chrome OS] but we don't look at it like that at all. We look at what's the right thing to do for the user and how you build the right experience."

Android 4.0 reaching two LG Optimus smartphones in June

Some LG smartphone owners will be receiving the latest version of Android early next month.
An LG Korean news item (English translation) points to the Optimus LTE Tag and the Optimus Vu as getting a dollop of Ice Cream Sandwich -- aka Android 4.0 -- starting on June 4.
As Engadget points out, it's a bit tough to decipher the Google translation. But the update appears to include LG's Optimus UI 3.0, which runs on top of Android 4.0. Owners of the Optimus Vu will also receive "additional features."
CNET contacted LG for further details. We'll update the story when we get more information.

Verizon Galaxy Nexus Android update appears imminent

After waiting a few months, Verizon customers who own a Galaxy Nexus LTE smartphone should soon see their phones get updated to from Android 4.0.2 to 4.0.4. The international version of the Galaxy Nexus has enjoyed the newer software for nearly two months as it was pushed out by Google at the end of March. Verizon’s edition of the phone requires additional testing by the carrier; something not required for the GSM model as Google sells and supports it directly.
Enthusiast blog Droid Life spotted a Verizon-authored PDF explaining what some of the software changes and improvements are in Android 4.0.4. This type of document typically appears just prior to the operator pushing out a software update, so the Galaxy Nexus LTE could be updated as early as this week. Here’s what Verizon says is in the coming update:
Email, Messaging & Data

• Email messages will display properly when the text size is set to large.
• When sending a multimedia message to an Outlook email address, the file extension will send, allowing the recipient to successfully open an image.
• Successfully deleted emails on the device will be deleted from the desktop as well.
• Successfully send text messages without experiencing network connectivity issues.

Applications

• When viewing a Calendar reminder or appointment, you will now be able to view the full notes associated with the appointment.
• A down arrow has been added in the Calendar application that will expand the calendar message body, allowing you to view the entire message.

Device Features

• Successfully turn on Wi-Fi using the Power Control widget.
• Updates have been made to prevent the display from freezing or becoming unresponsive.
• Complete calls without experiencing choppy audio, clicking noises and one-way audio noises.
• Successfully access Voicemail and other automated systems without error.

On my own Galaxy Nexus — the GSM version — I’ve also noticed some general Android improvements, the most noticeable being fast screen rotation. When Android 4.0.4 rolled out, Google said the camera performance was improved also, and based on the photos I’ve taken in the past two months, I’d agree. In the future, my hope is that Verizon moves quicker to test and push Android updates. When folks complain to me about the Galaxy Nexus, I ask which model they have and nearly all are speaking of the Verizon model. I generally can’t replicate these issues on my phone because its up to date, which just leads to frustrated Verizon customers.

Google Operating system Just didn't Infringe Oracle Patents, Court Says

the biggest Web look for organization, just didn't infringe Oracle Corp. (ORCL)’s patents in creating Operating system application, a government court discovered in the second stage of an intellectual-property test in San Francisco.

The 10-person court decided all these days that neither of the two patents at problem was infringed. Jurors discovered May 7 that Search engines infringed Oracle’s copyrights and deadlocked on whether it was “fair use,” doubting Oracle the capability to search for as much as $1 million in loss from the look for website optimization organization. Last year Oracle said trademark loss could amount to $6 million.

he certain stage of the test was less important than the trademark concerns because the patents were value much less, said Mark Really like, an intellectual-property lawyer and coaching other at Stanford Law Institution. Still, the court discovering nowadays underscored how the test went against Oracle, he said.

“This situation is maybe something like a near problems for Oracle,” Really like said in a cellphone appointment.

The organization may be restricted to looking for about $150,000, the most permitted by law, for trademark intrusion, the presiding assess in the situation has said.
‘Couple of Days’

“That possibly is not enough to protect what they are investing over a number of days” in hips during the test, Really like said.

U.S. Section Judge Bill Alsup said he may problem a verdict next weeks time on whether Oracle’s Coffee program coding connections, program programs at the center of the situation, can be complex. A verdict that they cannot would be another strike to Oracle, while a verdict for Oracle would get back the firm's capability to look for for huge loss.

Alsup also must guideline on Oracle’s ask for for a certain verdict in its benefit according to his examining of the proof, and Google’s ask for for a new test on trademark intrusion.

Immediately after the verdict was declared, the assess ignored the court from the situation and stopped the third stage of the test over loss.

Oracle, the biggest manufacturer of data source program, claimed Search engines took two patents for the Coffee coding terminology when it designed Operating system, which now operates on more than 300 thousand smartphones on the market. In the first stage of the test, the same court discovered the look for website optimization organization infringed Oracle’s Coffee copyrights while it can't acknowledge on whether the duplicating was “fair use.”
‘A Victory’

“Today’s court verdict that Operating system does not infringe Oracle’s patents was a success not just for Search engines but the whole Operating system environment,” Catherine Lacavera, Google’s manager of lawsuit, said in an e-mailed declaration.

Google and Oracle’s professionals had approximated loss for both patents at $3 thousand to $4 thousand if the court discovered intrusion.

“Oracle provided frustrating proof at test that Search engines realized it would fragment and harm Coffee,” D Hellinger, a speaker for Oracle, said in an e-mail after the verdict. “We strategy to keep protect and maintain Java’s primary write-once run-anywhere concept and make sure it is secured for the nine thousand Coffee designers and the group that rely on Coffee interface.”

Jury foreman Greg Thompson, 52, said nowadays that during deliberations he alone among the 10 jurors believed that Search engines infringed Coffee patents. After almost six times of conversations, said he was assured by other section associates to modify his election.
Jury Foreman

The court missing two associates over the course of the six-week test. Thompson said he alone elected that Google’s use of Coffee copyrights just didn't represent reasonable use beginning in deliberations in the trademark stage. Gradually he assured two other jurors and the court deadlocked after nine associates elected that Search engines made reasonable use of the copyrights, he said.

“The more tech-savvy a person is, the more challenging it is to force them about what restrictions should be placed on technological innovation,” Thompson said in an appointment after the test.

Handing certain situations to juries is “always a combined bag,” Really like said.

Google increased $8.66 to $609.46 at 4:02 p.m. in New You are able to dealing after spiking as much as 0.7 % when the verdict was declared. Oracle increased 32 dollars to $26.68.

Workplace on iPads, Operating system Pills Provides Good, Bad Information for Microsoft

Ms is not verifying reviews that its Workplace application package will soon be available on The apple company and Os pills. But, if the reviews are true it would keep Ms relevant in the bring your own device era.

Rumors and reviews are moving that sometime in Nov the Ms Workplace program package application will be available on the The apple company iOS-powered iPad and the multiple product manufacturers operating Search engines Os. If it happens, it could be both best part about it and bad information for Ms.

The latest review about editions of Workplace for pills was published by the blog Boy Professional Report. However, we’ve seen this movie before; eWEEK followed reviews of Workplace coming to the iPad back in Feb. So far, however, Ms, as well as The apple company and Search engines have never react to needs for thoughts.

Releasing Workplace for the iPad and Os systems could be a excellent move for Ms because it needs to make sure that its bread and butter efficiency program gets a piece of the action from the heavy sales of those well-known product systems.

The The apple company iOS loves a 63 % discuss of the smartphones in the marketplace and pills operating system industry. The next nearest is Os with 19 %. The results are international and from the monitoring firm Netmarketshare.

Windows just didn't even register with Netmarketshare as currently only Microsoft windows seven operates on relatively few pills. Microsoft’s cellular phone OS, Microsoft windows Phone 7, operates only on smartphones in the marketplace and has just a 2.2 % discuss of the international industry for smartphones in the marketplace, according to a review released May 24 by IDC. IDC’s numbers, for the first quarter of 2012, give the lion’s discuss of the cellular phone industry to Os, at 59 %, and The apple company iOS, at 23 %.

The point is that with The apple company and Search engines so far ahead in the pills classification, Microsoft’s best chance is to problem a ride on their rockets by operating Workplace on their devices. Consider, too, that even if The apple company and Search engines pills are the most well-known among the BYOD audience, their enterprise system is probably still Microsoft windows based. So that could provide some a continual in the workplace for Ms if well-known Workplace applications such as Term, Exceed and PowerPoint are accessible on both cellular end points and the corporate system.

The bad information about operating Workplace on iPads and Os pills is the effects that would have for Microsoft windows 8. The heir to Microsoft windows seven is designed to run on pills as well as pc PCs. Ms is counting on Microsoft windows 8 gaining grip in the product space. If a cellular worker already has Workplace on his or her iPad or Os product, why would they trade that in for a Microsoft windows 8 tablet?

One concept on that comes from Electronic Styles, which indicates that Ms could offer a slimmed down edition of Workplace for iPads and Os pills operating just four apps—Word, Exceed, PowerPoint, and OneNote—rather than the complete Workplace Suite, which also includes Perspective e-mail and schedule.

Notably, OneNote is already available on iOS and Os. Electronic Styles says Ms could use the smaller edition of Workplace on those competing pills to attract an iPad or Os owner to update to a complete edition of Workplace on a Microsoft windows 8 product.

Smartphone Review: HTC One S

It’s not easy to competition with the iPhone and the wonder of iTunes activity enjoying.

Ever since The apple organization company first unveiled its touchscreen display display screen masterwork coming back in 2007 (seems like age groups more time, does not it?), the globe's other cellular cellphone organizations have been long following their tails.

Count HTC among the organizations battling oh-so-hard to get up. But after a not reliable 2011, it reinvents itself with the new HTC One S. And this almost-invisible cellular cellphone, a T-Mobile offering that came out in beginning May, just may make you think about putting down your iPhone and offering Os another opportunity.

My experience with Os cellular mobile phones has long been this: They generally wrap up a lot of firepower, presenting amazing elements and ideas and applications. But often, the system is complicated and bugs are around every area, significant me coming back towards the annoying shine of the a little bit underpowered iPhone.

No such issues here. Sure, the HTC One S creates some breaks, but it also definitely like shine and classification, offering an Os experience like no other.

It all starts with the incredibly little and lighting situation. At 0.31 inches large wide large, the One S is actually only a little bit skinnier than the iPhone 4S (0.37 inches), and it cannot get in touch with Motorola’s Operating system Razr (0.28 inches). But somehow, the One S manages to make both cellular mobile phones experience big by assessment. It simply FEELS thinner, going into your coming back bluejeans pockets so absolutely that you will sometimes even ignore it’s there.

HTC One S Android phone

Soft factors, developed from a fantastically smooth anodized steel, appearance the whole system, properly decreasing along the boundaries. It’s a incredibly modern look — not like that bulky-feeling Razr — that you will be incredibly satisfied to situation around, and even the incredibly large photo photographic camera get in touch with on the coming back (which has a well-wrought purpose) cannot take away.

The cellphone is developed for Android’s newest edition, Ice Cream Meals, so you get three capacitive management control buttons — Back, Home and Latest Programs — on the top part. A energy choice and 3.5mm headset position sit on top. On the remaining part is a micro-USB position, and on the right is amount artist. HTC also fantastically reveals LED lighting effects signs (charging and the like) in a exclusive way; they seem to be in the top of the protecting within the speakers, absolutely undetected when they are not in use.

A terrifically large 4.3-inch, 960x540-pixel Super-AMOLED display embellishes most of the top part of it, and it’s definitely amazing to use. I analyzed the colors with an display of “The Avengers: Planet's Mightiest Heroes” loading over Smash hit online (the One S contains some powerful exclusive movie application, but most people will, certainly, shift coming back to Netflix), and the display designed incredibly greatly greens, and stunning colors overall. No, it’s not quite Retina, but the larger display residence actually pays, making for a far more comfortable viewing experience.