Oracle vs Google First Half

8/16/2019 Oracle vs Google First Half

1/76

MAY 23, 2016

Oracle’s Closing Argument


2/76

2

TX 31

“beyond out of time.”

TX 5114RUBIN

TX 563

Google is “immune to copyright laws,

good citizenship, they don’t share.”

TX 370

“If we miss the mobile window,

we’ll be out of business

in 10 years”

FORFEITED IF ANDROID

FAILED TO GET TO MARKET IN

TX 1004

“Disappointed in

Android’s timing”

PAGE TX 401

Under “incredible

schedule pressure”

RUBINTr. at 761:10-12

“as quick a time to

market as [we] could”

SCHMIDTTr. at 412:16-19

eyon out o t me.

oog e s mmune to copyr g t aws,

oo c t zens p, t ey on t s are.

“If we miss the mobile window,

e’ll be out of business

in 10 years”

sappo nte n

n ro s t m ng

n er ncre e

c e u e pressure

s qu c a t me to

ar et as we cou

“I wanted to win.”

RUBIN

Tr. at 761:12


3/76

3

Google: Java Alternatives “all suck”

3

“What we’ve actually been asked to do (by Larry and

Sergei) is to investigate what technical alternatives exist

to Java for Android and Chrome. We’ve been over a

bunch of these, and think they all suck. We concludethat we need to negotiate a license for Java under the

terms we need.”

Sent: 8/6/2010

From: Tim Lindholm

To: Andy Rubin

TX 10


4/76

4

Android Was “Devastating”

Tr. at 1639: 23-25

Q. Al l r i ght . Can you t el l us,

si r , i n one wor d t he i mpact ofAndr oi d on J ava?

A. I t was devast at i ng.

NEAL CIVJANFormer VP Worldwide

OEM Software Sales


5/76

5

The World's Leading CompaniesLicense Java for Their Products

5

LICENSEES


6/76

6

Google Was the Only OneThat Didn’t Play by the Rules

Q. Can you name a si ngl e company t hatuses J ava API s t hat has not t aken al i cense f r om Sun or Or acl e except f orGoogl e?

A. As I sai d, I ' m not an exper t on t hatand I al r eady sai d t hat I di dn' t .

Q. Was t hat t est i mony t hat you gave, anddo you st and by i t ?

A. Sur e. Yes.

Tr. at 1828: 3-9

LARRY PAGE

Chief Executive Officer


7/767

Google’s CEO: “I didn’t know the detail”

Q. You know t hat we ar e her e i n t hi scour t r oom t oday because Googl ecopi ed mor e t han 11, 000 l i nes of

comput er code and t he st r uct ur e,sequence and or gani zat i on of 37 J avaAPI packages. Do you know t hat , si r ?

A. No. I don’t know the detail of

what’s alleged.

Tr. at 1826:2-6

LARRY PAGE

Chief Executive Officer


8/76Jury Instruction 20 at p. 11

What This Case Is About

8

“Google’s use of the declaring lines of code and thestructure, sequence, and organization of those 37

API packages constituted copyright infringement

unless you find that Google has carried its burden

as to the defense of fair use.”


9/769

GOOGLE HAS THE

BURDEN OF PROOF


10/7610

Weighing the Fair Use Factors


11/7611

FAIR USEEXCUSE


12/76

1 The purpose and character of the use, including whether such useis of a commercial nature or is for nonprofit educational purposes;

2 The nature of the copyrighted work;

3The amount and substantiality of the portion used in relation

to the copyrighted work as a whole; and

4 The effect of the use upon the potential market for or valueof the copyrighted work.

Jury Instruction 22 at p. 12

Fair Use Factors

12


13/7617 U.S.C. § 107

Real Examples of Fair Use

§ 107. Limitations on exclusive rights: Fair use

“. . . the fair use of a copyrighted work, including such use by

reproduction in copies or phonorecords or by any other means specified

by that section, for purposes such as criticism, comment, news

reporting, teaching (including multiple copies for classroom use),

scholarship, or research, is not an infringement of copyright.


14/76

Factor 1: Google Used the Java APIsfor Commercial Reasons

“In evaluating the first statutory factor, the extent of the commercial

nature of the accused use must be considered. In this case, all agree

that Google’s accused use was commercial in nature but disagree over

the extent.”




15/7615

Extent of Commerciality: 42 Billion Dollars

AD REVENUE

APPS2

DIGITAL

HARDWARE

2010 20112008 2009 2012 2013 2014 20151

1Ad revenues annualized based on six-month period ending June 30th 2Q4 2015 revenue is a Google forecast

$42 BILLIONGROSS REVENUE

2008 - 2015

1


16/7616

Android: Direct Revenue Impact

TX 1061 at 15

1


17/7617

Use of the Java API Packages Led toGoogle’s Success

Q1, 2009 PresentationTX 5183 at 7

1


18/7618

Larry Page: Extent of CommercialityIs “Mind -boggling”

January 19, 2012:

“Android is, quite simply, mind-boggling. 700,000 phones are lit up every day. And I'm pleased to announce 250 million Android devices in total, up50 million since our last announcement just in November. In just 2 days overthe holiday weekend, 3.7 million Androids were activated. And today, we'reannouncing over 11 billion downloads from Android markets. Wow .”

TX 6086 at 4

1

18

LARRY PAGEChief Executive Officer


19/7619

The 37 API Packages are in Every Android Phone

ERIC SCHMIDTExecutive Chairman

Tr. at 398:1-8

A. That ' s cor r ect .

Q. And each and every one of t hoseact i vat i ons has t he desi gn of t hose37 packages i n i t ; r i ght ? Ever y one oft hose phones.

A. Yes.

Q. And i f we r ol l f or war d - - so t hi s i s2011. He' s sayi ng 550, 000 per day. Yousai d, i n about 2013, t hat you wer e at1. 5 mi l l i on act i vat i ons per day. Doest hat sound about r i ght ?

1


20/7620

Android Is Hugely Profitable

TX 951 at 9 (Oct. 14, 2010)

1

ERIC SCHMIDTExecutive Chairman

“So, again, it's more lucrative. So, not only

is there more searches, and there's more ads,

but it's also more lucrative. So, on that basis

alone, Android is hugely profitable.”


21/7621

Android: A $43 Billion/Year Ecosystem

TX 190 at 8 2010

1


22/7622

Google’s Use Is Highly Commercial

Tr. at 1763:19-24

ADAM JAFFE

Economics Expert

Q. And t hen as an economi st , what i s youropi ni on as t o t he - - what ext ent , i f

any, Googl e' s use of t he J ava APIpackages i s of a commerci al nat ur e?

A. So I t hi nk i t was hi ghl y commer ci al .

I t was ver y cent r al t o t hei r over al lbusi ness st r at egy as a company. Andi t pr oduced a ver y l ar ge amount ofr evenue.

1


23/76

Factor 1: Google’s Use of the Java API PackagesWas Not Transformative



“A use is transformative if it adds something new, with a further purpose

or different character, altering the first use with new expression,meaning or message rather than merely superseding the objects of the

original creation. New works have been found transformative when they

use copyrighted material for purposes distinct from the purpose of the

original material.”

For a Distinct Purpose

Alter Expressive Content

Not a Substitute (superseding use)23


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24

Google’s Copying of the Java API Packages…

1

for a Distinct Purpose

Alter Expressive Content

a Substitute (superseding use)


25/76

25

16 11,433

17 11,43418 11,460

Jelly Bean

Honeycomb11 11,57812 11,578

13 11,578

10 11,578Gingerbread

Ice Cream Sandwich

KitKat

Lollipop

Marshmallow

14 11,432

15 11,432

19 11,470

20 11,471

21 11,475

22 11,475

23 11,457

API

VERSION

# OF LINES OF

DECLARING CODE COPIED

9 11,578

Google Copied Line-for-line

1

25


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26

Q. Because t he J ava API s are used i n t he same way

when wr i t i ng an appl i cat i on f or J ava as t hey woul dbe used when wr i t i ng an appl i cat i on f or Andr oi d;cor r ect ?

Depo. at 105:24–106:5

RETO MEIERAndroid Developer Advocate

A. The J ava API s t hat ar e avai l abl e i n bot h

pl at f or ms, you woul d expect t hem t o wor k i nt he same way, yes.

Depo. at 183:5-11

ANWAR GHULOUMGoogle Engineering Manager

Q. Do you agr ee wi t h me t hat t he – t hat J ava cl asses

and methods t hat are r epr oduced i n Andr oi d servet he same pur pose i n Andr oi d t hat t hey ser ve i n J ava?

A. Yeah, I bel i eve t hey ser ve t he same pur pose.

26

Google Witnesses Admitted:Android Uses the Java APIs for the Same Purpose

1


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27

Everyone Agrees: Android’s Use of The Java APIsWas For The Same Purpose

Tr. at 1547:2-4

DOUG SCHMIDTOracle Expert

The API s ar e used i n Andr oi d – t he37 copi ed API s ar e used i n Andr oi df or pr eci sel y t he same pur pose t hatthey’re used in Java…

So they’re not altered.

1


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28

Google Copied the 37 Java API Packagesand Used Them for the Same Purpose

DOUG SCHMIDT

Oracle Expert

Q. If we think about that from a developers’

perspective in the security package, what’s the

si gni f i cance of i t havi ng t he same pur pose?

A. So i t woul d mean t hat i f somebody knew how

t o use secur i t y i n J ava SE, t hey woul d al so knowhow t o use t hi s i n t he same way i n Andr oi d.

1


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29

Google Wrote Only 23% of Android

Authorship of Android Code (Donut)

14%

Actual Linesof Code

and CommentsBlank Lines

9%

3rd Party

64%

Unspecified

13%

Google

23%

1


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30

The True Facts About Javain Mobile Phones Before Android

Sun for use in

Sun for use in feature and

Java was in mobile phones before the launch of Android:

Java was before

the launch of Android

Industry expectation for

1


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31

Java Was in Over 85% of Market (Pre-Android)

Tr. at 1624: 21-24

Q. And how successf ul , i f at al l , wasSun i n l i censi ng t he J ava pl at f or mi nt o t he mobi l e phone mar ket ?

A. Ext r emel y successf ul . As I sai d,we were i n over 85 per cent of t hemar ket . We wer e pret t y muchubi qui t ous.

1

NEAL CIVJANFormer VP Worldwide

OEM Software Sales

A d id S b i d f O l ’ J


32/76

32

Android Substituted for Oracle’s JavaIn the Phone Market

NEAL CIVJAN:

A. Absolutely, yes.

Tr. at 1622:9-12

Q. Our j ur y has hear d the phrase smartphone.Was J ava i n smart phones at t hi s t i me per i od?

Tr. at 1667:10-12

ALAN BRENNER:

Q. And l ooki ng, agai n, at t hat speci f i c

t i me f r ame i n 2006, what per cent age ofsmar t phones were J ava- powered at t hat t i me?

A. Near l y a hundr ed per cent at t hat poi nt .

1


33/76

33

Java Was in Smartphones

1

S J W F ll St k O ti S t


34/76

Tr. at 1540:16-18

DOUG SCHMIDTOracle Expert

Q. On t he l ef t , what i s t hi s? SavaJ e?

A. On t he l ef t i s a f ul l st ack oper at i ng syst em cal l edSavaJ e. Ki nd of a f unny name.

ALAN BRENNERSenior VP,

Client Systems Group

Q. And what i s t he SavaJ E phone?

A. SavaJ E phone i s – there were a couple I’m awareof . One f rom LG, I bel i eve. And anot her wast he J asper S20. These phones wer e bui l t on an

oper at i ng syst em devel oped by SavaJ E, t hat wasbased di r ect l y on J ava SE, and was compat i bl e

wi t h J ava SE as wel l as J ava ME.

34

SavaJe Was a Full Stack Operating SystemWith Java SE

Tr. at 1670:17-22

1


35/76

35


36/76

36

Android Was a Substitute for SavaJe

TX 5322

From: Rich Miner

To: Andy RubinDate: 10/23/2006

1


37/76

37

Danger Used Java SE in a Smartphone

Tr. at 619:11-12

Q. And you put J ava 2 SE API s i n Hi pt op;i s t hat r i ght ?

A. Yes. We cr eat ed our own i mpl ement at i onof t he J ava 2 SE API s f or Hi pt op.

Tr. at 887:22-24

ANDY RUBINHead of Android

At Danger: “We built, I think, what

coul d be cal l ed one of t he f i r stsmartphones.”

1


38/76

38

Clear Substitution

HTC Touch Pro (2008) HTC Dream (2008)

LICENSED/

NO INFRINGEMENT

1


39/76

39

Android Was a Substitute

Tr. at 844:18-22

“…this was a space that Sun was

al r eady i n. They wer e sel l i ngt hi ngs t o t he mobi l e i ndust r y,

and by not - - by basi cal l y, l i ke,

my f ai l ur e t o par t ner wi t h t hem,

t ur ned t hem – t ur ned us i nt o a

compet i t i ve nat ur e. We wer e bot h

t ar get i ng t he same i ndust r y wi t h

si mi l ar pr oduct s.”

1



40/76

40

Android Was a Competitor to Sun

Former CEO

JONATHAN

SCHWARTZ

Tr. at 590:17-20

Q. Wel l , t he f act of t he mat t er i s you

wer e not , as t hese emai l s show - - andI ' m goi ng t o show you some more. Youwer e not exact l y t hr i l l ed wi t h whatwas goi ng on; r i ght ?

A. I was cer t ai nl y f r ust r at ed t hat

we had a new compet i t or .

1


41/76

41

Submarining Revenue

TX 205

From: Scott McNealy

To: Eric Schmidt

Date: 2/8/2005

1


42/76

42

Jaffe: Android Was a Substitute

Tr. at 1768:17-19

[ T] he phones t hat wer e based onAndr oi d wer e a subst i t ut e f or t he

phones t hat coul d l i cense and di d

l i cense t he J ava API s.

1

ADAM JAFFEOracle Economics Expert


43/76

43

Barr’s Use of the Word “Transformative”

TERRENCE BARR’S TESTIMONY:

Q. Is Apple’s IOS operating system transformative?

A. “Transformative” is a really vague term, so I’m

not sure if I can answer that.”

Q. I n ot her wor ds, di d i t change t he st at us quo i na ver y si gni f i cant way when i t came out ?

A. The st at us quo of t he mobi l e i ndust r y, yes.

Depo. at 137:25-138:10

1


44/76

44

Factor 1: Google’s Use of the Java API Packages


45/76

Factor 1: Google s Use of the Java API PackagesWas Not Transformative



“…the less transformative the accused work,

the more other factors like commercialism will

dominate.”

45


46/76


Factor 1: Google Acted in Bad Faith


“Also relevant to the first statutory factor is the

propriety of the accused infringer’s conduct

because fair use presupposes good faith and fair

dealing.”

46


47/76

47

Google Acted in Bad Faith

10/11/05

“We’ll pay Sun for

the license”

“Do Java anyway…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

Google Chose to Make “Enemies”


48/76

48TX 7 at 2

Date: October 11, 2005From: Andy Rubin

To: Larry Page

“If Sun doesn’t want to work with us, we have two options:

1) Abandon our work and adopt MSFT CLR VM and C# language

-or–

2) Do Java anyway and defend our decision, perhaps making

enemies along the way.”

Google Chose to Make EnemiesRather Than Take a License

48

1


49/76

49

3/24/06

APIs “are copyrighted”(TX 18)


10/11/05


the license”


enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0


50/76

50

Google Knew Java API Packages Were Copyrighted

“I don’t see how you can open java without sun, since they own the brand and ip.”

TX 18 at 1

From: Andy Rubin

To: Greg Stein

Date: 3/24/2006

1


51/76

Q. Di d you observe any copyr i ght not i ces on t hespeci f i cat i ons?

A. Yes.

Depo. at 66:17-19BOB LEE

Java Architect

Tr. at 1829:12-17

LARRY PAGE

Q. And di d [ Mr . Rubi n] share wi t h you i nf or mat i on wherehe st at ed t hat t he j ava. l ang API s ar e copyr i ght ed. Di dhe shar e t hat wi t h you?

A. J ava. l ang API s?Q. Yes. Di d he shar e t hat i nf or mat i on wi t h you.A. Yes. I bel i eve he di d shar e t hat i nf or mat i on wi t h me.

Google CEO

Google Knew Java API Packages Were Copyrighted

BRIAN SWETLAND

I had hear d i n passi ng i n t he Danger t i me f r ame thatSun had at one poi nt made some cl ai m about owni ngcopyr i ght on t he API met hod si gnat ur es.

Depo. at 181:1-3Google Sr. Staff Engineer

51

1


52/76

52

6/1/06

Own APIs were

“half -ass at best”(TX 215)

3/24/06



10/11/05


the license”


enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

G l H d N Al i


53/76

53TX 215

Google Had No Alternatives

Sent: June 1, 2006

From: Chris DesalvoTo: Andy Rubin

“With talks with Sun broken off where does that leave us

regarding Java class libraries? Ours are half-ass at best.We need another half of an ass.”

53

1

G l A d i B d F i h


54/76

54

8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”


enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

G l Ch t M F d With t Li


55/76

55TX 303 at 2

Google Chose to Move Forward Without a License

“- we are building a java based system: that decision is final”

55

1

G l A t d i B d F ith


56/76

56

3/28/07

“We are beyond out of time”(TX 5114)

8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

R i g O t f Ti


57/76

57TX 5114 at 1

Running Out of Time

From: Andy Rubin

To: Steve Horowitz

Date: 3/28/2007

57

1

G gl A t d i B d F ith


58/76

58

11/7/07

“Scrub out a few more J’s” (TX 26)

3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

G gl “S b th J d”


59/76

59

Google: “Scrub the J word”

TX 26

From: Dan Bornstein

To: [email protected]: 11/7/2007

1



60/76

60

11/7/07


11/16/07

“This is a really importantand legal issue” (TX 382)

3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

Google Use of Java is a “Legal Issue”


61/76

61

Google: Use of Java is a “Legal Issue”

TX 382

1



62/76

62

11/7/07


11/16/07


3/24/08

“don’t demonstrate to

any Sun employees orlawyers”(TX 29)

3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

Google: “Please Don’t Demonstrate”


63/76

63TX 29 at 1

Google: Please Don t Demonstrate

“1) Are we able to answer direct developer questions about Android at the booth?

Yes. One-on-one only, please.”

“2) Can we demonstrate the tooling, emulator, developer environment, etc?

Yes, one-on-one only please, where you know exactly who you are talking to.

Please don’t demonstrate to any sun employees or lawyers.”

From: Andy Rubin

To: Dick Wall

Date: March 24, 2008

1



64/76

64

11/7/07


11/16/07


4/17/08

“the copyright on the API is real and

hard to ignore.” (TX 5046)

3/24/08



3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

Mazzocchi: No Custom


65/76

65


TX 5046 at 2

From: Stefano Mazzocchi

To: [email protected]

Date: 4/17/2008

1



66/76

66


TX 5046 at 2



Date: 4/17/2008

1

The Link Between Apache and Google


67/76

67



The Link Between Apache and Google

STEFANO MAZZOCCHIDirector at Apache Software Foundation

Mentor of Harmony Project

Member of Harmony PMC

GREG STEINChairman, Apache Foundation

Google Employee

From: Greg Stein

To: Andy Rubin

ANDY RUBINHead

of Android

1



68/76

68

11/7/07


11/16/07


5/30/08

“These restrictions prevent Apache Harmony

from independently implementing Java SE…

not to mention Android (though that’swater under the bridge at this point)” (TX 405)

4/17/08



3/24/08



3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 0

Android: “water under the bridge”


69/76

69

Android: water under the bridge

TX 405

From: Bob Lee

To: Eric Schmidt

Date: 5/30/2008

1



70/76

70

11/7/07


11/16/07


1/29/09

“…buying the full rights to

Java… solve all of these

lawsuits” (TX 406)

5/30/08




4/17/08



3/24/08



3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 00 8

10/08Android

Launch Date

Schmidt: Buy Rights to Java


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71

and Solve Lawsuit Problem

TX 406

From: Brett Slatkin

To: Eric Schmidt

Date: 1/29/2009

From: Eric SchmidtTo: Brett Slatkin

Date: 1/29/2009

1



72/76

72

11/7/07


4/20/09

“Android is ripping

off” Oracle’s IP “

and getting away

with it”(TX 9201)

11/16/07


1/29/09




5/30/08




4/17/08



3/24/08



3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 00 8

10/08Android

Launch Date



73/76

73


TX 9201

[sic]

1



74/76

74

11/7/07


4/20/09

“Android is ripping

off” Oracle’s IP “and getting away

with it”(TX 9201)

11/16/07


1/29/09




8/6/10

Alternatives “all suck”…

“we need to negotiate

a license”(TX 10)

5/30/08




4/17/08



3/24/08



3/28/07


8/16/06

"we are

building a

java based

system: that

decision is

final”(TX 303)

6/1/06Own APIs were


3/24/06



10/11/05


the license”

“Do Java anyway

…perhaps making

enemies along

the way.”(TX 7)

2 0 0 5 2 0 0 6 2 0 0 7 2 0 0 8 2 0 0 9 2 0 1 00 8

10/08Android

Launch Date

0 0 92 0 12

Google: Java Alternatives “all suck”


75/76

75

Google: Java Alternatives all suck

75

“What we’ve actually been asked to do (by Larry and

Sergei) is to investigate what technical alternatives exist

to Java for Android and Chrome. We’ve been over a

bunch of these, and think they all suck. We conclude

that we need to negotiate a license for Java under the

terms we need.”

Sent:8/6/2010

From: Tim Lindholm

To: Andy Rubin

TX 10

1

“I Wanted to Win”


76/76

I Wanted to Win


Q. Now, i t ' s t r ue t hat af t er you j oi ned Googl e andagr eed t o t hose mi l est ones, you wer e underi ncr edi bl e schedul e pr essure. That ' s what we

j ust saw on t he vi deo; r i ght ?

Q. And you were under i ncr edi bl e schedul epr essur e, usi ng your own wor ds. Wasn' t t hatwhat we j ust saw t her e?

And you st and by t hat t est i mony? You were underi ncredi bl e schedul e pr essur e; i sn' t t hat t r ue?

A. Yes. I want ed t o wi n.

A. I want ed t o shi p somet hi ng as soon as possi bl e.

1

Documents

Oracle vs Google First Half