Monday, April 30, 2012

The Six Billion Dollar Email

Just 11 words in a mountain of data may ultimately be the smoking gun.

If there’s a moral to this cautionary tale, it’s this: know what’s inside those boxes you’re handing over.

The background is a multi-billion-dollar lawsuit between Oracle and Google (go ahead and call it the Battle of Silicon Valley), in which Oracle alleges the illicit use of its Java programming platform in Google’s Android operating system.

It started off as one might expect; Google denied wrongdoing, while (reportedly) preparing to pay a token settlement of a few million dollars. Then sometime last year came the discovery phase, where Google responded to Oracle’s subpoenas with a good old fashioned data-dump: truckloads of documents meant to overwhelm and confuse the other side’s lawyers.

But somewhere within those truckloads was a single damning email. It was from a Google engineer to Andy Rubin, head of the Android division. It said (paraphrasing here), “You know, we really ought to buy a license for Java.”

So much for settlement. The trial is now underway; its conclusion is by no means foregone, but legal observers say Google isn’t looking so good. Damages were initially estimated at $6.1 billion, but might be negotiated down to around a billion. That’s still enough of a hit — even to Google’s deep pockets — to spell an end to Android OS as freeware, and higher consumer prices on Android phones and tablets.

For the want of a nail? More like for the want of reading your own email. Or, better still, the true root cause: if you’re using someone else’s software, pay for it. Because ultimately you will...one way or another.

The C4:
  1. In August 2010, Oracle (owner of the Java programming platform) filed suit against Google for the unlicensed use of Java in the Android operating system.
  2. Responding to Oracle’s subpoena, Google inadvertently supplied an email which apparently acknowledges the use of Java, and the need to pay licensing fees.
  3. The trial is ongoing. It could result in a billion-dollar judgment against Google that would inevitably impact the cost of Android devices.
  4. Learn from Google’s mistakes: data-dumps can be self-defeating, and it’s always best to simply pay for the products you use.