09
Apr
2013-04-09_09h28_56

FairSearch Europe—a coalition of Google competitors or legal adversaries including, among others, Microsoft, Nokia, and Oracle—has filed a complaint with the European Union alleging that Google is abusing its dominant OS position in the mobile market to push its own set of apps.

The group claims that Android is used "as a deceptive way to build advantages for key Google apps in 70 percent of the smartphones shipped today," pointing out that manufacturers have to agree to a certain set of rules requiring inclusion or placement of certain apps. If they want to use Google apps, of course. Manufacturers are free to use Android for whatever purpose they choose without them, if they think that will be a greater benefit.

01
Jan
android-a-look-back-to-2011-and-a-look-forward-to-2012
Last Updated: January 7th, 2013

Happy New Year! It's that time again; with the new year comes our new annual prediction post. I tackled this last year, and rather than do a bunch of crazy, pulled-from-thin-air predictions, I ended up with a link-filled research-fest for the year. It worked out pretty well, so that's what's on the docket for today. First though, I'll take a look and see just how many of last year's predictions and rumors came true, and provide some updates for the more important topics.

A Look Back To 2012

What a crazy year. 2012 brought us two versions of Jelly Bean: 4.1 and 4.2.  We saw a complete transformation of Google Search with the Knowledge Graph, Google Now, voice output, and Google Goggles integration.

29
Nov
larry-ellison-hot-dog

In case you forgot, Google was involved in a little spat with Oracle earlier this year, in which a jury decided that Oracle's patents were not infringed by Google, and a judge came to the conclusion that Oracle's assertion regarding API copyright infringement was untenable.

Judge Alsup's reasoning in denying Oracle's infringement claim was, to anyone with a technical background, quite reasonable. Oracle had claimed that while the amount of line-for-line literal infringement Google committed against the 37 infringed Java APIs through its Dalvik virtual machine was minimal (read: 97% of Google's code was original), the fact that Google had copied created its functional equivalent constituted copyright infringement.

05
Jun
Android-Money

What an interesting turn of events - Oracle just sued a notorious patent troll Lodsys, seeking invalidation of four of Lodsys' patents. In fact, these are all the patents Lodsys owns - if Oracle wins, Lodsys will have nothing to threaten innocent developers with.

If you haven't been following the Lodsys drama for the past year+, let me step back for a brief history lesson. Lodsys LLC, a Texas patent troll shell corporation, has been harassing various developers since early 2011, including many with Android apps in the Play Store. The patents Lodsys used to threaten Android developers, large and small, are 7,222,078, to which everyone refers to as simply "078" and 7,620,565 ("565").

31
May
google-android-oracle

We're hearing via The Verge that Judge William Alsup has just handed down his decision on the copyrightability of Oracle's 37 Java API's, asserted by Oracle as having been infringed by Google in the Android operating system. This is probably the most important issue of the entire case. While a jury decided that Google did infringe Oracle's APIs as asserted by Oracle, that decision hinged on the assumption that the APIs were in fact copyrightable in the way Oracle had insisted they were.

Alsup determined that Oracle's API's are not, in fact, copyrightable in their "sequence, structure, and organization," and the related infringement claims against Google have been dismissed.

23
May
courtroom

Google and Oracle have been going at it for weeks now over both patent and copyright infringement claims made by the latter company. At least one issue is settled, though, as the jury on the case has decided that Google did not infringe any of Oracle's patents with Android. This is only a small part of Oracle's assault on Google. The larger issue is on the matter of copyright infringement, but at least on the patent issue, Google seems to be in the clear.

It's been a long road to get here, as the jury has been debating the matter for at least a week.

07
May
jurybox
Last Updated: June 2nd, 2012

You've probably already read headlines in the last hour or two proclaiming that Google has "lost" its copyright case against Oracle, and in the strictest sense of the word, it has. Google lost on a number of counts, including the most important one, question one in the jury instructions. It also lost on a count involving nine lines of code that have long-since been removed from Android.

The first question, though, asked the jurors whether Google's use of 37 Java API packages, taken as a group, constituted an infringement of Oracle's copyrighted works. The jury, responding unanimously, answered that question with a "yes." But question 1 contained a part two, and therefore a dependent unanimity requirement (answers on all parts of the question must be unanimous):

Q1

Jury instructions via FOSSPatents

If you know anything about copyrights (and if you're on the internet a lot, you probably do know more than most people), you know that part two of question one asks the jurors something very important: was Google's use of Oracle's Java APIs fair?

20
Dec
oracle_evil_empire-300x300

In a court filing last night demanding an early trial date for the ongoing Google v. Oracle patent litigation, Oracle claims that Android is now irreparably harming Java's market share in the mobile, TV, and tablet space. Oracle says that these are areas where Java "has traditionally been strong." News to us.

Last time I checked, cheap multimedia flip phones running Opera Mobile weren't exactly high on Google's target product list for Android, but maybe I missed the memo on that one. Also, please direct me to these Java-powered TVs and tablets, Oracle - the Amazon Kindle is not a tablet, it's an eReader.

23
Oct
image

It looks like there's finally been a new development in the Oracle vs. Google fight. For those who may be out of the loop, Oracle (who owns Sun and the Java programming language) have had patent infringement and copyright lawsuits boiling against Google for quite some time now. The patent claims are essentially related to Google's use of Java in the Android platform. Oracle claims that Android includes code which violates patents gained through the acquisition of Sun Microsystems.

image

The billion-dollar trial was set to begin on October 31st, but District Court Judge William Alsup has decided to postpone the proceedings.

29
Sep
Android-Money

It certainly seems like it. Yesterday, Microsoft announced via blog that it had concluded negotiations with Samsung and reached a licensing deal for the same seven patents it previously licensed to HTC for Android (along with other, smaller Android manufacturers). There were rumblings about just what royalty rate Samsung is paying, but the guess is anywhere from $5 to $15 per handset (it's likely on a percentage-of-MSRP basis - so think about 1-3% per $500 MSRP phone).

When it comes to royalty agreements, rates are usually internally fixed regarding certain categories of IP to avoid confusion about damages in lawsuits, but when there are allegations of continued infringement, the game changes.

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