Meanwhile, the European Court of Justice ruled against copyright protection for computer program functionality and the language it is written in, as determined for a case in which SAS Institute had sued World Programming Limited. Oracle, though, might prevail on its copyright claims, the former Sun official said.
Regarding the patent aspect of the case, Van Pelt said Sun "did a good job of patenting the innovations that are in Java." Oracle has a better chance of winning the patent case, he said. The Oracle-Google example is an ordinary patent case without any extraordinary impact on developers, he argued. Sellers said Oracle prevailing on the patent case just means it would be exceedingly difficult to release a Java-like platform or language without using OpenJDK, the open source component of Java.
The Oracle-Google case has had its twists and turns, with former Sun CEOs Scott McNealy and Jonathan Schwartz offering opposing arguments about which company should prevail. McNealy took Oracle's side, while Schwartz leaned toward Google.
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