Oracle lawyers plan to open the second week of its copyright trial against Google’s Android operating system by questioning Google’s head of Android, Andy Rubin, to point out a 2006 email he sent saying Java API’s are copyrighted.
Google’s position has been that it didn’t need to get a Java license to create Android because Java API’s are not intellectual property that can be protected.
Rubin, the senior vice president of mobile for Google, sent an email in March 2006 that appears to be a boon for Oracle. He wrote, “Java.lang api’s [sic] are copyrighted.”
The case also includes two patent infringement claims, but those will be heard in the second phase of the trial when the copyright dispute is over. The patent claims have been winnowed down from a much large set of claims in the original lawsuit.
Last week, Google software engineer Tim Lindholm was called up by Oracle to explain an email in wrote in 2010 to Android project manager Rubin.
Lindholm was a former Sun Microsystems employee who helped create Java before the company was sold to Oracle. He began worked for Google in 2005, long before Oracle acquired Sun in 2010. Lindholm told Rubin in the now-famous email that “We conclude that we need to negotiate a license for Java under the terms we need.
Under questioning by Oracle attorney David Boies, Lindholm said that his email wasn’t specifically about a license from Sun or anybody.
In addition to Rubin, Oracle plans to call Bob Lee, a Google software engineer and Dr. John Mitchell, a Stanford University computer science professor.
Upcoming on this list this week is likely to be former Google CEO Eric Schmidt.
Case: Oracle v. Google, No. C10-3561WHA