August 16, 2010, 3:38 PM — Oracle is suing Google over the use of Java in Android and that may change everything about Java and open-source development.
That's one heck of a claim. Unfortunately, the experts agree.
Java, while never a key language in Linux, is the core language for literally hundreds of software development companies and organizations. They range in size from IBM with its J9 JVM (Java Virtual Machine) and Red Hat with its JBoss middleware stack to pure open-source projects such as the Apache/Jakarta, to individual developers who are members of the Java Community Process (JCP). It's hard to think of a software development business that doesn't use its own house-brew of Java somewhere in its product line or development stack.
Since, Oracle is an open-source company, complete with its own Linux distribution, the Red Hat-based Unbreakable Linux, you might be wondering why Oracle is doing this. James Gosling, Java's creator, thinks it's because Oracle wants money: "Oracle finally filed a patent lawsuit against Google. Not a big surprise. During the integration meetings between Sun and Oracle where we were being grilled about the patent situation between Sun and Google, we could see the Oracle lawyer's eyes sparkle. Filing patent suits was never in Sun's genetic code."
Maybe it is though for Oracle. Certainly, Oracle has never been averse to going to the courtroom mats during its long history of hostile takeovers, such as its acquisition of PeopleSoft.
Oracle can go after Google because, while Java's previous owner Sun, did open-source Java under the GPLv2, the Java specification patent grants that went along with it, are only valid if developers use fully-compliant Java implementation. Many, perhaps most, developers have used a variety of open-source Java implementations that aren't fully compliant. This leaves them potentially vulnerable to hostile Oracle lawsuits.
Don't think that Oracle isn't aware of this. As Dan Kusnetzky, VP of Research Operations for The 451 Group, a prominent analyst firm, said, "This appears to be a warning shot across the bow of the whole industry. One could now question if Java will still be considered an open platform."
John Weatherby, Jr., executive director of the Open Source Software Institute (OSSI), an organization that promotes the use of open-source software in government, agreed with Kusnetzky. Weatherby remarked, "I would assume this is an initial step by Oracle to start laying out a perimeter in their new sandbox and to let everyone know that they do, in fact, own the Sun assets. If you wished to send that message throughout the industry, what better target to smack than Google?"
Many observers were shocked by Oracle's move. Jay Lyman, The 451 Group's open-source analyst said, "This is a surprising move." While Lyman expected that there was "a coming storm over software patents, I did not anticipate it would be initiated by Oracle."
Lyman is hopeful that there will be a quick resolution. But, since "Oracle is a founding member of the Linux Foundation and Google is a member, I'm frankly surprised this was not settled within that consortium."
Lyman's unsure what Oracle really hopes to net from its lawsuit. "I'm not sure the gains are going to be worth the gamble here for Oracle. We may see the full weight of the pro-FOSS, anti-software patent movement come down on Oracle. I've already seen references to 'SCOracle,' which is a linkage to SCO Group and its failed legal efforts and not what any vendor initiating legal action would possibly want."
