IBM says that an Oracle victory in its Supreme Court clash with Google would ‘hurt business and impede innovation’ (IBM, ORCL, GOOG)
- IBM on Monday will officially back Google against Oracle in what’s expected to be a big tech showdown before the US Supreme Court.
- In 2010, Oracle sued Google, accusing the tech giant of copyright infringement and stealing key code from its Java technology to develop Android.
- Google rejected the charge, saying Oracle cannot copyright the specific code, known as application programming interfaces, or APIs, which allow programs to talk to each other.
- IBM is among the tech companies and organizations that are supporting Google in the dispute.
- “Subjecting open public interfaces to copyright law would hurt business and impede innovation,” Michelle Browdy, IBM’s general counsel, told Business Insider in an emailed statement.
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IBM is officially backing Google against Oracle in what’s expected to be a major tech showdown before the US Supreme Court.
Big Blue plans to file a brief with the Supreme Court on Monday in support of Google, which Oracle has accused of stealing key code in its Java technology for its Android operating system.
Google has denied the charge, arguing that Oracle cannot copyright these types of code — known as or application programming interfaces (APIs), which allow programs to talk to each other — which are generally considered industry-standard tools used to integrate pieces of software and web services.
IBM has joined Google and its supporters in arguing that an Oracle victory in the case could have a chilling effect on the tech industry. On Monday, the company will formally weigh in with a brief backing Google’s position that code that allows systems to interact should remain open.
“Subjecting open public interfaces to copyright law would hurt business and impede innovation,” Michelle Browdy, IBM’s general counsel, told Business Insider in an emailed statement.
The legal dispute centers on the Java programming language, which was created in the early 1990s by the renowned computer scientist James Gosling of Sun Microsystems, a server maker. Oracle acquired the technology when it bought Sun in 2010.
Google developed its own version of Java for Android but used the original Java code that made it possible for programs to communicate. A few months after buying Sun, Oracle sued Google, accusing the company of trampling on its intellectual-property rights.
The legal battle, which has dragged on for 10 years, is expected to reach a key resolution this year after the Supreme Court agreed to take on the case. The outcome of the battle could have serious long-term implications for the tech industry. That’s why other parties, including tech giants like IBM and Microsoft, and prominent tech-advocacy groups like the Electronic Frontier Foundation, are weighing in.
Oracle holds the line
Oracle maintains that its lawsuit is about what it sees as Google’s unethical use of its Java API.
“Ethical developers and businesses around the world continue to recognize the value of Java and take advantage of our licenses to drive innovation and profit,” Deborah Hellinger, an Oracle spokesperson, told Business Insider in an email. “Unfortunately, Google opted to ignore standard industry licensing policies and build its business by stealing Oracle’s IP.”
But the legal dispute involves bigger issues, IBM’s Browdy said. “We must continue to foster an environment where companies of all sizes can use openly available interfaces to fuel the research and innovation that has reshaped our world.”
The deadline for parties, including corporations, to officially convey a position on the Oracle lawsuit is Monday, an IBM spokesperson told Business Insider.
“These are important points of legal principle, which is why we have filed an amicus brief in this case,” Browdy said.
Last week, Google reaffirmed its position in the dispute in its own opening brief before the Supreme Court.
“We’re asking the Court to reaffirm the importance of the software interoperability that has allowed millions of developers to write millions of applications that work on billions of devices,” Kent Walker, Google’s chief legal officer, wrote in a blog post.
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