Google are still vigorously contesting whether a damning emailing should be admitted as evidence in their lawsuit with Oracle . The internal memo written by employee Tim Lindholm was written in a response to Google co-founders Larry Page and Sergey Brin, who had asked staff “to investigate what technical alternatives exist to Java for Android.”
“We have been over a bunch of these and think they all suck,” surmised Lindholm before adding, “We conclude that we need to negotiate a license for Java.”
Such statements are obviously not helpful in a case where Google is seeking to prove Android does not need a license to operate Java technologies. Although the judge overseeing proceedings has ruled that Google can’t remove the e-mail from the record, given how much is at stake, Google continues to argue it should be allowed to. Consequently in early August, both Oracle and Google were asked to file all factual information they have regarding the e-mail by today.
To give you an idea of just how seriously Google are taking this email business, its paralegals have turned over 97 million documents relating to the case to a third-party vendor that processes documents. Despite that huge volume of information, Larry Page and Sergey Brin are sticking to the line that the email in question was a draft and that the author hadn’t yet written the words “Google confidential” at the top of the document or typed in the lawyers’ names in the “to” field. Kristin Zmrhal, a project manager of discovery support at Google, claims the company’s e-mail service autosaves a draft of e-mails every 10 seconds to 60 seconds.
When the e-mail originally surfaced at a hearing last month, Judge William Alsup told Google: “You’re going to be on the losing end of this document with Andy Rubin on the stand.” Rubin runs Android for Google.
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