Jul 26 AT 10:23 AM Alberto Vildosola 33 Comments

Sun CEO fully approved use of Java on Android, Oracle tried to erase evidence


As we all know, Google is neck-deep in bogus lawsuits with patent troll companies. One of those patent trolls is Oracle. The company has decided to go after Android with claims that the OS infringes on Oracle’s Java code.

Well, the funny thing is, Oracle did not own Java when Android was released in 2007. It belonged to Sun Microsystems, later acquired by Oracle in 2009. You might argue Oracle bought Sun with the sole purpose of bullying companies like Google into paying for the use of Java, but that’s a topic for another day.

So if Sun was the owner of Java when Google announced Android, how did the company feel about those “thieves” at Google “stealing” Java for their own benefit? They were pretty happy about it. In fact on a blog post in 2007, Sun CEO Jonathan Schwartz praised Google for their use of Java and Linux on Android. Here’s an excerpt from that blog post:

I just wanted to add my voice to the chorus of others from Sun in offering my heartfelt congratulations to Google on the announcement of their new Java/Linux phone platform, Android. Congratulations!

I'd also like Sun to be the first platform software company to commit to a complete developer environment around the platform, as we throw Sun's NetBeans developer platform for mobile devices behind the effort. We've obviously done a ton of work to support developers on all Java based platforms, and were pleased to add Google's Android to the list.

And needless to say, Google and the Open Handset Alliance just strapped another set of rockets to the community's momentum - and to the vision defining opportunity across our (and other) planets.

Today is an incredible day for the open source community, and a massive endorsement of two of the industry's most prolific free software communities, Java and Linux.Jonathan SchwartzSun CEO

Now, if that doesn’t sound like a full approval of Android’s use of Java, I don’t know what would. Sun was not only 100% behind Android, they were also the first one to build “a complete developer environment around the platform.” In typical rodent manner, Oracle deleted Schwartz’s blog post, which only resulted in even more damage to the company’s case against Google.

As with everything on the Internet, nothing is ever truly deleted. And it only took a couple minutes for somebody to pull up a copy of the blog post from the Wayback Machine. Google is now using this endorsement from Schwartz as part of their defense, and the case’s judge condemned Oracle’s actions, saying: “The big companies do not own the U.S. District Court. When it comes to a public hearing I’m not going to resort to Morse code to figure out what you are saying. This is not a wholly-owned subsidiary of Oracle. Nobody is going to put my word under seal even if I refer to your secret documents.” Ouch.

If Google can prove that Schwartz’s statement served as an approval of Android’s use of Java, they could easily win this case against Oracle thanks to something called estoppel. (Read more about here).

Hopefully, the judge will see through Oracle’s lies and deceits as we all do, and rule in favor of Google, Android and the open source community.

Source: ZDNet

Alberto is a college student living somewhere between Miami, Sarasota and the World Wide Web. Although a former iPhone owner, Alberto is now a proud Android enthusiast. You can follow Alberto on Twitter and Google+ for his thoughts unworthy of an article.

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    Wow i there any one not going after Google? I think I may have to sue them too.. LOL

  • http://clarklab.net Clark Wimberly

    Bunch of bums.

  • http://yourcbcfamily.org Ron Hudson

    Granted it does come out in support of Google using Java. But it says nothing about Sun having a licencing deal to use the technology. It’s like me saying “I’m really glad you’ve chosen to use my technology” that doesn’t mean you are allowed to use it without paying. I’m not saying Google is in the wrong. I’m kinda a Google fan-boy myself :) Oracle is not a company I admire. I’m just saying I don’t think this blog post affects the legal claims of Oracle as anti-innovation as they may be.

    • http://twitter.com/mswansonxi SparkyXI

      I don’t think Oracle is anti-innovation – I think they’re just pro-money. What’s the best way to profit? Get paid without working for it.

    • Zer0-9

      Follow the link talking about estoppel. There is a very good chance that this open and public approval of Android and Java can be used to invalidate or at least down play the “malicious intent” by Google. In patent law announcing things in public forums can be very hazardous.

      The case of Sun, Oracle, and Google: This would be more akin to you posting in google+ that you let your neighbor borrow some of your tools, then selling your home and everything in it (listing those tools), and the person who purchased your home calling the police and claiming that your old neighbor has stolen the tools.

      • http://htcsource.com Nick Gray

        There’s no denying that Sun was happy that Android was using Java, but they probably were unaware that Google was using patented code that was simply that was copy and pasted into Android.

        It’s really more like your neighbor paying you a compliment on your brand new car and then later he realizes that you purchased the new car with money you stole from his house. I’m not so sure estoppel would really apply in this situation.

        • http://daveysmind.tumblr.com iDavey

          But with estoppel, the reigning head of the company allowing such conduct to go on, it’s what it is.

          This is pretty similar to Apple vs MS over GUI.
          Apple had licensed whatever (forgot the specifics of it) to MS, but in their mind, they only had specific things for MS to allow. Nothing stated these limitations, so therefore, MS got away with it.

          If the CEO allowed the use of it, but only meant the non-patented parts of it, yet didn’t explicitly state this…are they really in the wrong?

          But as you said, if it’s legally protected, that adds another twist to it.
          I await what the judge says on the matter.

          • MarkTheGMan

            Apple sued MS and lost all but 2 counts (out of 400+), (the trash can and another icon that I forget got through). Xerox owned the patents and copyrights to the GUI. Both MS and Apple bought licenses, which as we all know because Windows and Apple OSes.

      • Windows Sucks

        Problem with what is listed above is that that statement happened when Sun thought that had a license agreement in the works.

        You will see in the CNET page I have attached below that after Google blew off Sun then their tune changed (As it should of)


        Only reason Sun didn’t sue is cause they didn’t have the money to do so. Oracle does.

        Microsoft tried to pull the same thing as Google did with Java and got pimp slapped with fines and having to pay license fees!

        Google should pay a license fee like everyone else does! They don’t get a pass because Android is popular!

        • Curly

          Why license something when you think the patent is invalid? According to your logic we should all be paying LodSys for even wanting to use our smartphones.

          However, if the patents turn out to be valid, then this blog by Sun’s CEO will go some way to limiting the patent damages to a reasonable amount. $6billion is having a laugh, and Oracle should be ashamed.

          The one real thing that pisses me off with Oracle is that before they owned Java they wanted it opened up as the JCP committee records show. However, once they owned Java they became so intransigent that the JCP process collapsed with the ‘true’ community player, Apache, leaving.

          I think this is another SCO story.

        • Zer0-9

          Looks like that article is talking about concerns over fragmentation of Java, not patent infringement, or licensing.

    • keith

      I think that Schwartz’s comment

      “…a massive endorsement of two of the industry’s most prolific free software communities, Java and Linux.”

      implies that using Java as free software in this case is very much supported and a licensing deal would not therefore be expected. In any case, Oracle has stated they want more than just licencing – they are after stopping deployment of Android and would require revenue from advertising sales on the system itself – see http://www.businessinsider.com/oracle-wants-to-put-android-out-of-business-2011-6.

      Hardly free software !

  • http://twitter.com/mswansonxi SparkyXI

    Wow. Go figure. I think Oracle is screwed here (and rightfully so). Thanks Archive.org!!

  • http://www.technogasms.com Sean Riley

    Judges make some terrible decisions now and again, but then one of them comes up with something like this and totally redeems themselves.

    “The big companies do not own the U.S. District Court, when it comes to a public hearing I’m not going to resort to Morse code to figure out what you are saying. This is not a wholly-owned subsidiary of Oracle. Nobody is going to put my word under seal even if I refer to your secret documents.”

  • live2ski

    The website and post may have been removed from the public, but the server and all it’s information is still there and can be accessed in a subpoena. everything is backed-up too.

  • dherran

    Wooot! best news of the day! Man I am so happy :D Long Live Android.

  • daniel walsh

    oracle is screwed

  • http://whysoangrybirds.com mikeyDroid

    It’s articles like that (the one Sun wrote) that really make this whole industry exciting to follow / be a part of.. and it’s a shame how quickly patent trolls shit all over that feeling… Let’s hope this helps el Goog out with this matter.

  • http://htcsource.com Nick Gray

    I’m really hoping that Google can pull through and put all the legal issues with Android behind them.

    I also need to keep my comments in check a bit more. Playing devils advocate doesn’t seem to pay off if I’m just going to get down-voted every single time.

  • mac08wrx

    I hope google wins and then all the other companies trying to milk Adroid can back off.

  • Billy

    Can Mr. Swawartz just make a statement to the court to clear things up?

  • aj

    I love the picture. ITS HILARIOUS. Awsome im so glad to hear that google has a real fighting chance NAY a real winning chance here and maybe could counter-sue for all these lies and lawsuits. Well acutally i hope they dont counters-sue unless they can really get something out of them but otherwise leave them alone and focus on android and the other patent trolls out there

  • okkar

    IANAL but I hope that blog post does have some value in the court.

    And boy, I’m really really liking this judge. He is sounding more awesome with every bit of news.

  • Darkseider

    I said it a while ago. Oracle is just saber rattling and now the judge sees it too. With this last little gold nugget from Schwartz looks like Larry isn’t going to get his new yacht this year.

  • elijahblake

    I hope this will help Google out of 1 battle.. I still don’t see why they didn’t buy Sun back in the day..

  • YNWA

    Patents in software: The biggest thing that will stifle tech innovation in this country for the next 20 years. Now every product that comes out that is a hit will just have endless lawsuits.

  • https://plus.google.com/117702410245683101961/posts Lucian Armasu

    Nice site design guys!

    • Alberto Vildosola

      Thanks, there’s more to come

  • CTown

    What a wonderful going away present from Sun! Thank you, Jonathan Schwartz!!!!

  • Tran Lang

    Oracle and Apple! Same gang bang…

  • Nathan

    I’m just happy that most likely they aren’t going to get sue. If anything the people suing Google should just stop before they get slap from embarrassment.

  • markcredsys
  • sylar

    Well that sounds like something they would do. Everybody is sue happy now a days, Whether or not they actually have the grounds for a lawsuit.