Recurring Revenue Authors: Liz McMillan, Pat Romanski, Yeshim Deniz, Elizabeth White, Zakia Bouachraoui

Related Topics: Java IoT, Release Management , Recurring Revenue

Java IoT: Article

Oracle Seeks Stiff Penalties from Google

Google immediately started the legal wheels turning to try to get the estimate made by Oracle’s expert thrown out

That reverberating scream you hear, the one that sounds like a wounded water buffalo beset by a pack of rabid hyenas, is Google after it saw how much Oracle expects in damages from its patent and copyright suit over Android's alleged misuse of Java.

Once it got the figure Google immediately started the legal wheels turning to try to get the estimate made by Oracle's expert thrown out as "speculative and arbitrary," full of "fundamental and disqualifying" legal errors before the case gets to trial on October 31 (Halloween, how perfect).

Google doesn't want a whiff of his sealed "opening damages report" or his testimony getting anywhere near a jury because his conclusions "would prejudice Google."

The five-page letter saying so that Google's lawyers wrote to the presiding judge Monday is redacted so key numbers are blacked out but there's enough substance left to see that Oracle wants a hefty chunk of Google's mobile ad revenues plus compensation for fragmenting Java.

Apparently the estimate recalls that Microsoft paid Sun $900 million "to cover the risk of fragmentation to Java" when the two settled Sun's antitrust charges years ago, suggesting what league everybody's batting in.

The all-important royalty base that Boston University School of Management economics professor Iain Cockburn used has been censored but not the 50% royalty rate he applies against it.

There's also the little matter of willful infringement and treble damages so 50% times three equals 150% and, yes, that can happen.

The letter confirms rumors that Google might have cut a deal with Sun before Oracle came on the scene but rejected the terms offered. The lawyers say that deal "would have included far more than the patents-in-suit." The sum Sun wanted has been blacked out but it couldn't have been more than Google's staring at right now. It may come to rue the day it didn't bite the bullet then.

We owe discovery of the letter to Florian Mueller who's been tracking this suit as well as the 43 other suits currently lodged against Android like a hound dog after a fox.

It's the first time in the 10-month-old case that the industry has gotten even a glimpse into Oracle's demands and Florian figures that - worst case - the infringement damages alone would "exceed any money Google has made with Android so far" and could amount to "even more going forward."

Besides if Google loses it may have to change the Dalvik virtual machine that's at the bottom of the whole argument - Oracle doesn't have to grant it a license - and that could impact all existing Dalvik-based applications. A defeat is also likely to impact Android's "free" business model. Google might have to start charging significant per-copy licensing fees unless, as Florian hazards, it turns the thing into a loss leader.

Anyway, Google got what it asked the judge for - a Daubert hearing to sort out how Cockburn arrived at what Google calls his "unreliable, misleading" conclusions that it finds so "inappropriate for presentation to the jury." The hearing to determine if he followed the right rules is set for July 21. Oracle will be heard from before then. Hopefully they'll go light on the sealing wax.

Florian's analysis of where he thinks Google's case is weak and contradictory and where he thinks Oracle may not be a shoo-in is at http://fosspatents.blogspot.com/2011/06/oracle-wants-huge-cut-of-googles-mobile.html. The telltale letter is at Public Version of Google Filing Re. Oracle Damages. And Cockburn's 27-page CV is at http://people.bu.edu/cockburn/CockburnCV.pdf.

More Stories By Maureen O'Gara

Maureen O'Gara the most read technology reporter for the past 20 years, is the Cloud Computing and Virtualization News Desk editor of SYS-CON Media. She is the publisher of famous "Billygrams" and the editor-in-chief of "Client/Server News" for more than a decade. One of the most respected technology reporters in the business, Maureen can be reached by email at maureen(at)sys-con.com or paperboy(at)g2news.com, and by phone at 516 759-7025. Twitter: @MaureenOGara

Comments (0)

Share your thoughts on this story.

Add your comment
You must be signed in to add a comment. Sign-in | Register

In accordance with our Comment Policy, we encourage comments that are on topic, relevant and to-the-point. We will remove comments that include profanity, personal attacks, racial slurs, threats of violence, or other inappropriate material that violates our Terms and Conditions, and will block users who make repeated violations. We ask all readers to expect diversity of opinion and to treat one another with dignity and respect.

IoT & Smart Cities Stories
The challenges of aggregating data from consumer-oriented devices, such as wearable technologies and smart thermostats, are fairly well-understood. However, there are a new set of challenges for IoT devices that generate megabytes or gigabytes of data per second. Certainly, the infrastructure will have to change, as those volumes of data will likely overwhelm the available bandwidth for aggregating the data into a central repository. Ochandarena discusses a whole new way to think about your next...
DXWorldEXPO LLC announced today that Big Data Federation to Exhibit at the 22nd International CloudEXPO, colocated with DevOpsSUMMIT and DXWorldEXPO, November 12-13, 2018 in New York City. Big Data Federation, Inc. develops and applies artificial intelligence to predict financial and economic events that matter. The company uncovers patterns and precise drivers of performance and outcomes with the aid of machine-learning algorithms, big data, and fundamental analysis. Their products are deployed...
Dynatrace is an application performance management software company with products for the information technology departments and digital business owners of medium and large businesses. Building the Future of Monitoring with Artificial Intelligence. Today we can collect lots and lots of performance data. We build beautiful dashboards and even have fancy query languages to access and transform the data. Still performance data is a secret language only a couple of people understand. The more busine...
All in Mobile is a place where we continually maximize their impact by fostering understanding, empathy, insights, creativity and joy. They believe that a truly useful and desirable mobile app doesn't need the brightest idea or the most advanced technology. A great product begins with understanding people. It's easy to think that customers will love your app, but can you justify it? They make sure your final app is something that users truly want and need. The only way to do this is by ...
CloudEXPO | DevOpsSUMMIT | DXWorldEXPO are the world's most influential, independent events where Cloud Computing was coined and where technology buyers and vendors meet to experience and discuss the big picture of Digital Transformation and all of the strategies, tactics, and tools they need to realize their goals. Sponsors of DXWorldEXPO | CloudEXPO benefit from unmatched branding, profile building and lead generation opportunities.
Digital Transformation and Disruption, Amazon Style - What You Can Learn. Chris Kocher is a co-founder of Grey Heron, a management and strategic marketing consulting firm. He has 25+ years in both strategic and hands-on operating experience helping executives and investors build revenues and shareholder value. He has consulted with over 130 companies on innovating with new business models, product strategies and monetization. Chris has held management positions at HP and Symantec in addition to ...
Cell networks have the advantage of long-range communications, reaching an estimated 90% of the world. But cell networks such as 2G, 3G and LTE consume lots of power and were designed for connecting people. They are not optimized for low- or battery-powered devices or for IoT applications with infrequently transmitted data. Cell IoT modules that support narrow-band IoT and 4G cell networks will enable cell connectivity, device management, and app enablement for low-power wide-area network IoT. B...
The hierarchical architecture that distributes "compute" within the network specially at the edge can enable new services by harnessing emerging technologies. But Edge-Compute comes at increased cost that needs to be managed and potentially augmented by creative architecture solutions as there will always a catching-up with the capacity demands. Processing power in smartphones has enhanced YoY and there is increasingly spare compute capacity that can be potentially pooled. Uber has successfully ...
SYS-CON Events announced today that CrowdReviews.com has been named “Media Sponsor” of SYS-CON's 22nd International Cloud Expo, which will take place on June 5–7, 2018, at the Javits Center in New York City, NY. CrowdReviews.com is a transparent online platform for determining which products and services are the best based on the opinion of the crowd. The crowd consists of Internet users that have experienced products and services first-hand and have an interest in letting other potential buye...
When talking IoT we often focus on the devices, the sensors, the hardware itself. The new smart appliances, the new smart or self-driving cars (which are amalgamations of many ‘things'). When we are looking at the world of IoT, we should take a step back, look at the big picture. What value are these devices providing. IoT is not about the devices, its about the data consumed and generated. The devices are tools, mechanisms, conduits. This paper discusses the considerations when dealing with the...