An intellectual property expert has uncovered 43 instances where it appears that Google copied Java code without permission in the most recent
versions of the Android operating system. The discovery could challenge Google's defense
in a dispute with Oracle over Java patents and
copyright material in Android. "The discovery process could be very fruitful for
Oracle, and may become dreadful for Google,"
wrote Florian Mueller, who has been closely
following the case and founded the
NoSoftwarePatents campaign, in a blog post. Mueller has closely examined the
Android code and found six files,
in addition to one that Oracle
pointed out in its complaint, that
are nearly identical to Java files.
The files are found in Froyo, which is Android 2.2, and Gingerbread,
Android 2.3. In addition, Mueller points to 37 files in the
Android code that include notices that say the
code is proprietary to Sun. "No matter what Google says, that copyright
header is anything but a permission to relicense
the file under the Apache Software License,"
Mueller wrote. Google licenses Android to users
under the Apache license. "Even if one claimed
that Oracle/Sun later made the file available under the GPL (for which I haven't found any
conclusive evidence), that wouldn't allow such a
license change either." While there are some minor differences between
the code that Google is using and the original
Java code, Mueller found that the differences
come from the use of a decompiler. When he
used a Java decompiler called JAD and
decompiled seven different Java files, he found that the result was nearly identical to files found
in Android. Google did not reply to a request for comment
about Mueller's allegations. Oracle filed the lawsuit in August, claiming that
Google's Android operating system infringes on
Java copyrights that Oracle acquired when it
bought Sun. Google has called the suit baseless,
denying infringement. If Google is found to infringe, it could be required
to pay Oracle a licensing fee for each handset
made that uses Android. It could pass that cost
on to device vendors, but that would diminish
the attractiveness of Android as a free operating
system. Android, which has grown dramatically in
popularity over the past year, is under legal
attack from many companies. Other Android-
related lawsuits include Apple's suit against HTC;
Microsoft's suit against Motorola; and Gemalto's
suit against Google, Motorola, HTC and Samsung
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