Oracle subpoenas Apache Foundation over Java Android case with Google

Oracle has issued a subpoena against the Apache Software Foundation (ASF) as part of its ongoing legal case with Google over the use of Java in the Android operating system.

According to the court document, Oracle wants copies of all communications between the ASF and Google (including via the Open Handset Alliance) relating to the use of Apache Harmony code in Android, as well as the ASF's attempt to buy a Java licence from Sun.

"Getting the subpoena was certainly unexpected," Geir Magnusson, Apache director, and former chairman of Harmony, told V3.co.uk

"They gave us a cursory heads up but that was it. We're a little mystified since we're an open foundation, and most of our material is already online."

Harmony is an open source implementation of Java SE 5 and 6, which ran into conflict with Sun when the ASF failed to obtain a licence for the Java SE 5 technology compatibility kit. Last year the ASF left the Java Community Process Executive Committee in protest.

"Google made reference to the ASF's Harmony project in its filings because Dalvik incorporates parts of the Harmony codebase," Florian Müller, founder of the No Software Patents organisation, told V3.co.uk.

"The fact that the Apache Foundation wanted to have Harmony certified as Java compatible contradicts Google's claim that Harmony-based Dalvik is too different from Java to infringe those patents."

Müller explained that, while most of the documents relating to this are online anyway, Oracle issued a subpoena because this would give the documents more weight in court.

However, in a separate ruling on the case, Judge William Alsup has slashed the number of evidential claims that both sides can bring in.

"Currently, there are 132 claims from seven patents asserted in this action, and there are hundreds of prior art references in play for invalidity defences. This is too much," the judge wrote.

Oracle will be limited to just three patent claims and Google will be limited to eight prior art references to defend against them. The judge set out a strict timetable for reducing the number of claims to a "trialable" number.