Smartphone trial features dueling ex-Sun execs

 

Jonathan Schwartz and Scott McNealy face off.

A pair of former chief executives for what was once a Silicon Valley darling told two different versions of how they viewed their company's legal rights in testimony on Thursday in the trial between Oracle and Google.

Oracle is suing Google in federal court claiming the search engine giant violated its intellectual property rights to the Java programming language and is seeking roughly US$1 billion in copyright damages.

Two years ago Oracle paid about US$7.4 billion to buy Sun Microsystems acquiring Java, the programming which is incorporated in Android smartphone technology, in the takeover.

Jonathan Schwartz, who served as Sun's chief executive officer from 2006 until the sale, testified on behalf of Google that he had never challenged them in court because he did not believe Sun had any grounds for a lawsuit.

But under cross examination, Schwartz acknowledged that his decision was based on business, not legal grounds.

Oracle's attorney Michael Jacobs then asked whether Schwartz was terminated immediately after Sun was sold.

"I believe I resigned," Schwartz said. "They already had a CEO."

Schwartz's predecessor, co-founder and chairman of Sun Microsystems, Scott McNealy, was brought to the stand by Oracle. He testified that a 2007 blog post Schwartz wrote praising Android was not official company policy.

Google's attorney Robert Van Nest then asked McNealy if it was true that he was friends with Oracle co-founder and CEO Larry Ellison.

Asked whether he once said the airport in San Jose, California should be renamed after Ellison, McNealy replied, "I believe so because he's probably largest taxpayer in this geography."

Oracle sued Google in August 2010, saying Google's Android mobile operating system infringes on its intellectual property rights to the Java programming language. Google says it does not violate Oracle's patents and that Oracle cannot copyright certain parts of Java, an "open-source," or publicly available, software language.

The trial, expected to last at least eight weeks, has been divided into three phases: copyright liability, patent claims, and damages. The seven woman, five man jury is expected to begin deliberating on Oracle's copyright claims next week.

The case in US District Court, Northern District of California, is Oracle America, Inc v. Google Inc, 10-3561.

(Reporting By Dan Levine; Editing by Leslie Gevirtz)


Smartphone trial features dueling ex-Sun execs
Eric Schmidt (R), who was Google's CEO for 10 years before assuming the role of executive chairman last year, is pictured in a court sketch being questioned by Oracle lawyer David Boies during a trial over patents involving Java - an ''open-source''
 
 
 
Top Stories
CIO exits as Coles steps up offshoring
Updated: Engages Accenture in Manila; staff to learn of their fate today.
 
Matching databases to Linux distros
Reviewed: OS-repository DBMSs, MariaDB vs MySQL.
 
Coalition's NBN cost-benefit study finds in favour of MTM
FTTP costs too much, would take too long.
 
 
Eric Schmidt (R), who was Google's CEO for 10 years before assuming the role of executive chairman last year, is pictured in a court sketch being questioned by Oracle lawyer David Boies during a trial over patents involving Java - an ''open-source''
Sign up to receive iTnews email bulletins
   FOLLOW US...
Latest articles on BIT Latest Articles from BIT
This 4G smartphone costs $219
Sep 3, 2014
It's possible to spend a lot less on a smartphone if you're prepared to go with a brand you ...
Looking for storage? Seagate has five new small business NAS devices
Aug 22, 2014
Seagate has announced a new portfolio of Networked Attached Storage (NAS) solutions specifically ...
Run a small business in western Sydney?
Aug 15, 2014
This event might be of interest if you're looking to meet other people with a similar interest ...
Buying a tablet? Microsoft's Surface Pro 3 goes on sale this month
Aug 8, 2014
Microsoft has announced its Surface Pro 3 will go on sale in Australia on 28 August from ...
Apple's top MacBook Pro with Retina is now cheaper
Aug 1, 2014
Apple has updated its MacBook Pro range with faster processors and new pricing, including ...
Latest Comments
Polls
Which is the most prevalent cyber attack method your organisation faces?




   |   View results
Phishing and social engineering
  71%
 
Advanced persistent threats
  3%
 
Unpatched or unsupported software vulnerabilities
  11%
 
Denial of service attacks
  6%
 
Insider threats
  10%
TOTAL VOTES: 796

Vote