Jury finds that Android does not infringe on Oracle's patents

After a week of deliberations on the second phase of the Oracle v Google trial (this one covering patents), a jury has ruled decisively in favor of Google and the little green robot, acquitting Big G of infringing on any of the patents that Oracle asserted against them. Given the finding the judge has dismissed the jury and the trial is basically over.

The trial was scheduled to have a third phase where the jury would assess damages to be awarded to Oracle, but Oracle won nothing in the copyright phase that would be worth more than statutory damages (that’s about $150,000 for those of you keeping track), and nothing at all in the patent phase, so there is no longer a reason to have a damages portion of the trial. Judge Alsup still needs to write up his ruling on whether or not APIs can even be copyrighted – if he finds that they can’t be then Oracle will lose most or all of that $150 grand; either way it’s a far cry from the billions of dollars that Oracle had claimed they were going to win last year.

There is already spin coming from both sides. Google released a statement stating:

 “Today’s jury verdict that Android does not infringe Oracle’s patents was a victory not just for Google but the entire Android ecosystem.”

Oracle, who is trying to maintain appearances in the face of such a clear legal defeat, released the following statement: "Oracle presented overwhelming evidence at trial that Google knew it would fragment and damage Java. We plan to continue to defend and uphold Java's core write once run anywhere principle and ensure it is protected for the nine million Java developers and the community that depend on Java compatibility."

We're sure to see many more "experts" weigh in on the subject in coming days. Oracle-sponsored patent blogger Florian Mueller has already written a long post about how the issue is “far from over”, and while his write up is predictably skewed, in general he is almost certainly correct; Oracle will undoubtedly appeal the findings on both the patent and copyright phase (especially if Judge Alsup rules that APIs cannot be copyrighted), and we can expect this to go on for another year or two – in fact the issue of software interface copyrights is so important to the entire industry we wouldn’t be surprised if the issue eventually lands before the U.S. Supreme Court.

That doesn’t make this a meaningless verdict however; a loss could have opened Google up to major damages and at least the threat of an injunction. Perhaps more importantly, it would have given Android a presumption of guilt and thrown some uncertainty about its future into the plans of OEMs looking to make smartphones. Instead Android will now enjoy an enhanced presumption of stability and legal independence. It will also give Google the upper hand in any further attempts to reach a settlement between them and Oracle.

sources: Ginny LaRoe, Groklaw, FOSS Patents


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Sony Xperia S Android 4.0 update on video

Last week, we told you that Sony would be updating the Sony Xperia S with Android 4.0 in the second part of this quarter. As Sony explained, it had mistakenly announced earlier updates for the model because the manufacturer inexplicably included this newly launched handset with its 2011 models when it wasn't until earlier this year that the phone was launched. It seems that some video of the Android 4.0 update for The Sony Xperia S has been found on YouTube and covers just about all aspects of the updated OS except for the browser. You will note that the camera is now accessible from the lock screen and the new OS includes the Walkman player that Sony earlier said was coming on the Sony Xperia GX and Sony Xperia SX. Sony has also added re-sizable widgets.

Even if you know only English, it still doesn't hurt to watch the video of the Sony Xperia S with Android 4.0. After all, the Ice Cream Sandwich build of Android goes beyond any mere human created method of communication, like voice, for example. In other words, you can learn plenty about Ice Cream Sandwich for the Sony Xperia S by turning off the sound and closely watching the video.

source: se-nseV5 via Phandroid


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Another high level RIM executive jumps ship

Research in Motion suffered another setback today, as Patrick Spence, their executive VP that was in charge of international sales is leaving the company after 14 years. The move was confirmed by RIM spokeswoman Rebecca Freiburger. Freiburger indicated that Spence was not leaving to a competitor, but instead planned to take a job in an unrelated field.

Attracting and retaining talent has been a growing problem as their stock price tumbles and BlackBerry handsets continue to hemorrhage market share. While several executives have jumped ship from RIM in the past year, this one is notable because Spence was in charge of international sales – the one area that had seen growth for them over the last 18 months. Spence had become becomes something of a BlackBerry evangelist, and reportedly was in line for continued rapid promotion due to the performance of the divisions under his supervision.

Does this portend a coming slowdown in developing markets for RIM as well? With several months remaining before the launch of their next-gen BB10 device, RIM could ill afford to see their growth in international markets slow, but we know that there is increasing competition on the low end from so-called “white phone” makers of Android handsets in Asia, a problem that Nokia has cited as one of the reasons why Symbian’s market share has collapsed so rapidly.

Of course it could be that Mr. Spence is just looking for a new challenge, but his departure will surely leave RIM scrambling to replace him at a time when they are dependent on international markets.

source: San Francisco Chronicle


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